Gluck v. Wai-Shing Li
| Citation | 128 N.Y.S.3d 617,186 A.D.3d 460 |
| Decision Date | 05 August 2020 |
| Docket Number | Index No. 2344/17,2019–00909,2019–00908,2019–00623 |
| Parties | Simon GLUCK, respondent, v. WAI–SHING LI, etc., appellant. |
| Court | New York Supreme Court Appellate Division |
Law Offices of Jaime Lathrop, P.C., Brooklyn, NY, for appellant.
Zeltser Law Group, PLLC, Brooklyn, N.Y. (Naomi Zeltser of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action, inter alia, for specific performance of a contract for the sale of real property, the defendant appeals from (1) an order of the Supreme Court, Kings County (Johnny Lee Baynes, J.), dated July 26, 2018, (2) an order of the same court dated December 20, 2018, and (3) an order of the same court dated January 17, 2019. The order dated July 26, 2018, insofar as appealed from, granted that branch of the plaintiff's cross motion which was for summary judgment on the cause of action for specific performance of the contract. The order dated December 20, 2018, granted that branch of the plaintiff's motion which was to compel specific performance of the contract to the extent of directing that a closing take place on or before February 6, 2019, and provided that in the event the closing did not take place as a result of the defendant's noncompliance, the "plaintiff may renew their application for sanctions in the excess of the $57,000 already awarded." The order dated January 17, 2019, insofar as appealed from, in effect, denied that branch of the defendant's motion which was, in effect, to vacate the order dated December 20, 2018, and thereupon directed the parties to close on or before January 31, 2019, and directed the defendant to deposit $40,000 with the County Clerk.
ORDERED that one bill of costs is awarded to the plaintiff.
The plaintiff commenced this action in August 2017 seeking, inter alia, specific performance of a contract for the sale of certain real property in Brooklyn owned by the defendant. The plaintiff alleged that, in August 2016, he entered into a written contract with the defendant, as well as riders to the contract which the parties executed (hereinafter together the contract), whereby the defendant agreed to sell and the plaintiff agreed to purchase the property for the sum of $885,000. According to the plaintiff, he paid the defendant a down payment of $48,000, and, although he was ready, willing, and able to close the sale according to the terms of the contract, the defendant refused to close. The plaintiff further alleged that, commencing in July 2017, the defendant began to advertise the property for a higher price although the defendant had neither canceled the contract nor returned the plaintiff's down payment.
The defendant moved pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action. The plaintiff cross-moved, inter alia, for summary judgment on the cause of action for specific performance of the contract. In support of his cross motion, the plaintiff submitted a copy of the contract, which expressly permitted him to assign the contract to "a single purpose entity to be created," a subsequent written agreement signed by the defendant evidencing that the defendant had extended the time for the plaintiff to obtain a mortgage commitment until February 5, 2017, and emails and a mortgage commitment letter demonstrating that the plaintiff obtained a mortgage in the name of BP Management 4207, LLC, and advised ...
To continue reading
Request your trial
- People v. Nettles
-
Pena v. Cnty. of Suffolk
...third party unless that authorized emergency driver acted in reckless disregard for the safety of others" (Fuchs v City of New York, 186 A.D.3d at 460; see Vehicle and Traffic Law § 1104[e]; Saarinen v Kerr, 84 N.Y.2d 494, 501). "This standard demands more than a showing of a lack of due ca......