Legal Opinion
S.E.S. Importers, Inc. v. Pappalardo
New York Court of Appeals
Decided July 7, 1981PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
Notwithstanding that at the time of closing the seller was unable to convey good title in consequence of a defect in his own title, the buyer is entitled to specific performance *459where the defect has disappeared at the time of trial and the court can then give an effective judgment for the equitable relief demanded. The buyer’s right to specific performance in this circumstance is not lost because the parties expressly agreed in the contract of sale as to the remedies to which the buyer would be entitled in the event the seller was unable to convey good title.
This…
2Cases cited3 opinions
- Haffey v. . LynchNew York Court of Appeals · 1894
- Haffey v. . LynchNew York Court of Appeals · 1908
- Rosenberg v. . HaggertyNew York Court of Appeals · 1907
3Cited by32 opinions
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- EMF General Contracting Corp. v. BisbeeAppellate Division of the Supreme Court of the State of New York · 2004
- 101123 LLC v. Solis Realty LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Cohn v. Mezzacappa Bros.Appellate Division of the Supreme Court of the State of New York · 1989
- Judnick Realty Corp. v. 32 West 32nd Street Corp.New York Court of Appeals · 1984
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