Clarke v Spino

Holding The Appellate Division affirmed the dismissal of the plaintiffs’ claims for specific performance and breach of contract, finding that the documentary evidence conclusively established that the sellers were ready, willing, and able to perform. The court further held that the plaintiffs were not entitled to a return of their down payment, which was properly released to the sellers as liquidated damages.

The court’s words

the defendants' documentary submissions utterly refuted the plaintiffs' allegations that the plaintiffs were ready, willing, and able to close

2026 NY Slip Op 05272, at the official text

the Supreme Court properly determined, as a matter of law, that the defendants were entitled to a judgment declaring that the plaintiffs are not entitled to a return of the down payment

2026 NY Slip Op 05272, at the official text

the Supreme Court properly granted, pursuant to CPLR 3211(a)(1), those branches of the defendants' motion which were to dismiss the causes of action sounding in specific performance and breach of contract

2026 NY Slip Op 05272, at the official text