Contact Us
1250 Broadway, 27th Floor, New York, NY 10001 212-619-5400 Manhattan Attorney
Manhattan Lawyer
Attorney Profiles Firm News Practice Areas Newsletters Real Estate Lawyers' Blog Clients' Rights
Best of the Best Top 100 2015 Award
Best of the Best Top 100 2016 Award

NY Real Estate Law Blog

Categories

Archives

Follow Lucas on Twitter & LinkedIn

Recent Posts in Specific Performance Category

TOE TO TOE?

Revital Realty Group wanted to buy a piece of property from Ulano Corporation. And while their agreement specified that the closing was to take place after "120 days," the document ...
Continue reading "TOE TO TOE?" »

READY OR NOT?

Robert Dixon entered into an agreement to buy Waldy Malouf's interest in a company. When Waldy later refused to sell, Robert filed suit and the Nassau County Supreme Court ordered that the transaction ...
Continue reading "READY OR NOT?" »

IT CAN HAPPEN TO YOU ...

In February 2007, after he had agreed to sell his property to Jonathan Carnike, Robert Youngs signed another contract to sell the same piece of land to the Town of Chemung. Believing Youngs was in ...
Continue reading "IT CAN HAPPEN TO YOU ..." »

DESERTED ISLAND?

Back in October 2000, Island Auto Seat Cover Company entered into a commercial lease with Vito & Estelle Minunni, for a ten year term which was to expire on October 31, 2010. While their agreement ...
Continue reading "DESERTED ISLAND?" »

PAYMENT OPTIONAL?

After a parcel was purchased at a foreclosure sale, LKE Family Ltd. Partnership entered into an agreement which gave it an option to acquire the property. When those owners refused to sell, LKE sued ...
Continue reading "PAYMENT OPTIONAL?" »

GOING, GOING ... NOT GONE!

In KPSD Mineola, Inc. v. Jahn, KPSD Mineola contracted to buy some real estate from Myra Jahn, but after she refused to sell the parcel, KPSD sued in Nassau County Supreme Court for "specific ...
Continue reading "GOING, GOING ... NOT GONE!" »

CONTEMPT FOR BOATERS

In Aison v. Hudson River Black River Regulating District, Howard Aison argued the Hudson River Black River Regulating District violated an agreement which governed the use of the Sacandaga Park's ...
Continue reading "CONTEMPT FOR BOATERS" »

YOU DON'T GET IT IF YOU CAN'T PERFORM

In Weiss v. Feldbrand, Solomon Weiss sought "specific performance" -- a court directive compelling Irene Feldbrand to sell him certain real property. To get that kind of relief, a buyer must ...
Continue reading "YOU DON'T GET IT IF YOU CAN'T PERFORM" »

COONS MUST RETURN DEPOSIT

In May 2006, after Klaiber, LLC paid $35,000 to Richard and Kimberly Coon as a downpayment toward the purchase of real property, a title search revealed there were four judgments against Richard Coon. ...
Continue reading "COONS MUST RETURN DEPOSIT" »

ALL THIS OVER 3 MONTHS?

In World Monuments Fund, Inc. v. Ninety-Five Madison Co. , Ninety-Five Madison Co. ("NFM") entered into a lease which provided that "possession of the premises should be given to [World ...
Continue reading "ALL THIS OVER 3 MONTHS?" »

"37" DOESN'T EQUAL "2"

Richard Israel was interested in purchasing 20 acres (of a 23-acre parcel) which had been owned by Daniel Charnews. The contract of sale required Israel to obtain approval from the Southold Town ...
Continue reading ""37" DOESN'T EQUAL "2"" »

IS THIS A GREENHOUSE EFFECT?

Prior to Joan Messner's purchase of her penthouse apartment, her predecessor secured permission from the cooperative to enclose the terrace and convert it into a greenhouse. In Messner v. 112 E. 83rd ...
Continue reading "IS THIS A GREENHOUSE EFFECT?" »

WHEN LEASE IS SILENT, LANDLORD HAS "REASONABLE TIME"

In Locke v. Nathanson, the Appellate Term, 9th and 10th Judicial Districts, recently examined how much time a landlord has to make repairs when no specific timeframe is delineated in the parties' ...
Continue reading "WHEN LEASE IS SILENT, LANDLORD HAS "REASONABLE TIME"" »

HAVING A SIGNED LEASE AIN'T ENOUGH

According to New York's appellate courts, the mere signing of a lease by the landlord and a tenant doesn't make the document valid or enforceable. "Something else" needs to occur. In Dlugosz ...
Continue reading "HAVING A SIGNED LEASE AIN'T ENOUGH" »

TENANT DENIED PURCHASE OPTION DUE TO LEASE DEFAULT

Failing to pay the rent on time could have dire consequences for commercial tenants even when they have never been declared in default. According to the Appellate Division, Second Department, in Cyber ...
Continue reading "TENANT DENIED PURCHASE OPTION DUE TO LEASE DEFAULT" »

ARBITRATION BEFITS BALLY'S

There's no need to get bent out of shape over arbitration, at least that's what the Appellate Term, 2nd and 11th Judicial Districts, advised the parties in Thomas v. Bally's Total Fitness Corp. In ...
Continue reading "ARBITRATION BEFITS BALLY'S" »

PROPERTY'S POTABILITY PROVISION PREJUDICES PURCHASER

Even when you think a contract's terms are pretty clear, when deals go awry, it sometimes takes an appellate court to make things right. In Manzi Homes, Inc. v. Mooney, Manzi Homes contracted to buy ...
Continue reading "PROPERTY'S POTABILITY PROVISION PREJUDICES PURCHASER" »