Grill, Schieber, and De La Hoz Secure Summary Judgment Directing Specific Performance

April 4, 2019 | Real Estate, Zoning & Land Use | Commercial Litigation

David M. Grill, Evan R. Schieber, and Catalina E. De La Hoz secured summary judgment directing specific performance of a contract of sale on behalf of our client, the buyer of a multiple-dwelling residence in Brooklyn.  The dispute arose out of a contract of sale that required the sellers to, among other things, obtain, as a prerequisite to closing, a Certificate of No-Harassment (“Certificate”) from the Department of Housing Preservation and Development.  Exclaiming that they could not and need not secure the Certificate, the sellers purported to unilaterally terminate the contract of sale.

Granting our client’s motion for summary judgment directing specific performance of the contract of sale, the Court held that our client was always ready, willing, and able to perform his obligations under the contract and that the sellers did not act in good faith when they purported to cancel the contract.  In particular, the Court held that the sellers “willfully and deliberately” failed to obtain the Certificate.

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