ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Monday, October 9, 2017

Want specific performance? Be ready to prove you can afford it

I am gearing up to teach specific performance soon, so this recent case out of New York, Grunbaum v. Nicole Brittany, Ltd., 2015-10155, caught my eye. The relevant facts of the dispute are fairly simple and straightforward: The parties had a contract regarding property and the closing didn't happen. The plaintiff sued for specific performance. The defendant moved to dismiss the complaint and the plaintiff cross-moved for summary judgment on the complaint. But the plaintiff failed to establish that he was actually able to buy the property in question. He submitted no evidence as to his financial condition, and to receive specific performance that plaintiff had to show "that he was ready, willing, and able to purchase the subject property."  Therefore, even though the defendant's motion to dismiss was denied, the court also denied the plaintiff's motion for summary judgment. 

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