Newhouse v SSMG Realty, LLC

Holding The Appellate Division affirmed the judgment granting specific performance of a real property contract because the plaintiffs established they were ready, willing, and able to close. The defendants failed to raise a triable issue of fact in opposition to the summary judgment motion.

The court’s words

To prevail on a cause of action for specific performance of a contract for the sale of real property, a plaintiff purchaser must establish that it substantially performed its contractual obligations

2026 NY Slip Op 06313, at the official text

the plaintiffs established, prima facie, their entitlement to judgment as a matter of law on the cause of action for specific performance of the contract

2026 NY Slip Op 06313, at the official text

In opposition, the defendants failed to raise a triable issue of fact

2026 NY Slip Op 06313, at the official text