Foster v. Sukhnanand Lall

OPINION OF THE COURT

Martha K. Zelman, J.

The motion of the plaintiff for summary judgment for *920specific performance or in the alternate, $175,000, and other relief is denied. The cross motion of the defendant for summary judgment dismissing the complaint is granted.

The parties entered into a contract on August 18, 1986, whereby the plaintiff would purchase defendant’s home at 104-33 126th Street, Richmond Hill, Queens, New York, for $125,000 with the closing to take place on December 29, 1986. A $5,000 down payment was then given from the plaintiff to the defendant.

Paragraphs 4 and 5 of the…