By Jonathan H. Freiberger As noted in prior BLOG articles, specific performance is an equitable remedy used to compel a party to perform under a contract. McGinnis v. Cowhey, 24 …
By Jonathan H. Freiberger A notice of pendency, also known as lis pendens, is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 …
By Jonathan H. Freiberger Whether a non-existent corporation can enter into a contract is an interesting question. The interesting answer is that sometimes it can. Pursuant to BCL § 403, …
By Jonathan H. Freiberger Today’s BLOG article addresses the circumstances pursuant to which the buyer under a real estate sales contract is entitled to prejudgment statutory interest pursuant to CPLR …
By Jonathan H. Freiberger This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding …
By Jonathan H. Freiberger Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole. One such remedy is specific performance …
By Jonathan H. Freiberger Specific Performance is an equitable remedy used to compel a party to perform under a contract. McGinnis v. Cowhey, 24 A.D.3d 629 (2nd Dep’t 2005). Specific …
By Jonathan H. Freiberger The question of when parties must close title on a real estate transaction is often answered by another question – has either party sent a “time …
The nature of the equitable remedy of specific performance as related to litigation concerning real estate contracts has been explained by this BLOG [here] and also addressed, inter alia, [here] …
In one of our BLOGS from last week, we addressed the remedy of specific performance in breached real estate contracts [HERE]. The BLOG noted that, under certain circumstances when monetary …
