Horrigan Development LLC v. Drozd
Feb 03, 2017OUTCOME: Summary judgment in favor of Defendant, Defendant permitted to keep down payment
Plaintiff commenced action for specific performance, seeking to force defendant to convey title to 8 unit building in Brooklyn for 1.65 million. Contract signed in 2010. Multiple title issues prevent ... ed closing of title, and in 2013 the plaintiff-purchaser commenced its lawsuit for specific performance. In 2017, Court granted defendant summary judgment, dismissed the entire case, and permitted defendant to retain the down payment. Court found that the purchaser breached the contract of sale by failing to make a bargained-for election, pursuant to the contract, prior to commencing its action for specific performance.
