Category: Time of the Essence

Second Department Rejects Buyer’s Cause of Action for Specific Performance

Aug 11 2023

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 …

May 19 2023

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 …

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Category: Time of the Essence

Second Department Rejects Buyer’s Cause of Action for Specific Performance

Second Department Finds Triable Issue of Fact as to the Question of Seller’s Oral Waiver of Time of the Essence Closing Date in Real Estate Contract