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Meisels v. 1295 Union Equities Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2003
306 A.D.2d 144 (N.Y. App. Div. 2003)

Opinion

1449N

June 17, 2003.

Order and judgment (one paper), Supreme Court, Bronx County (Jerry Crispino, J.), entered November 15, 2001, which, inter alia, granted plaintiff summary judgment upon his first cause of action for, inter alia, specific performance of a contract for the sale of certain real property, denied defendants-appellants' cross motion for summary judgment on their counterclaim to recover for damage to the property and dismissed said counterclaim, unanimously affirmed, without costs.

Sol Mermelstein, for plaintiff-respondent.

Richard Kerner, for defendants-appellants.

Before: Nardelli, J.P., Tom, Andrias, Sullivan, Friedman, JJ.


Summary judgment was properly granted to plaintiff purchaser upon his first cause of action seeking specific performance of the parties' contract for the sale of certain real estate. Although appellant sellers maintain that they were entitled to cancel the subject contract pursuant to a contractual provision permitting cancellation in the event that they were unable to convey title free of objectionable liens and encumbrances, the record establishes that they were simply unwilling to bear the cost of conveying title in accordance with requirements of the contract. Volitional unwillingness, as distinguished from good faith inability, to meet contractual obligations, furnishes neither a ground for cancellation of the contract nor a defense against its specific performance (see Naso v. Haque, 289 A.D.2d 309; Barnett v. Star Mech. Corp., 171 A.D.2d 142).

We have reviewed appellants' remaining arguments and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Meisels v. 1295 Union Equities Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 17, 2003
306 A.D.2d 144 (N.Y. App. Div. 2003)
Case details for

Meisels v. 1295 Union Equities Corp.

Case Details

Full title:JOSEPH MEISELS, ETC., Plaintiff-Respondent, v. 1295 UNION EQUITIES CORP.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 17, 2003

Citations

306 A.D.2d 144 (N.Y. App. Div. 2003)
761 N.Y.S.2d 48

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