EMF General Contracting Corp. v. Bisbee
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
In this action for specific performance of a contract to purchase real estate, we address the issue of whether a two-year delay between the signing of the contract and plaintiff’s attempt to enforce it, along with a steep increase in the market value of the property by the time of trial, warrants a denial of specific performance. Contrary to the finding of the trial court, our review of the record reflects that plaintiff EMF General Contracting Corp. (EMF) established not only its right to relief based upon defendant’s breach of the contract, but also its right to…
2Cases cited13 opinions
- Regan v. LanzeNew York Court of Appeals · 1976
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Groesbeck v. . MorganNew York Court of Appeals · 1912
- Savitsky v. SukenikAppellate Division of the Supreme Court of the State of New York · 1997
- S.E.S. Importers, Inc. v. PappalardoNew York Court of Appeals · 1981
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3Cited by62 opinions
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- Sorenson v. Bridge Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Backer v. Bouza Falco Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Cheemanlall v. ToolseeAppellate Division of the Supreme Court of the State of New York · 2005
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