Specific performance is a remedy in which a Court requires a
party to perform a particular act, more often than not what is set
in a contract. Thus, specific performance is usually sought to
complete a previously-established transaction (e.g. to convey
title). Given the volatility of the real estate market, our Court
system regularly and routinely adjudicates specific performance
claims. Four recent examples follow:
929 Flushing LLC v. 33 Dev. Inc., 2016 NY Slip Op
26055 (Sup. Ct. K. Co. March 1, 2016) [Demarest, J.]
Supreme Court summarized the action:
The instant action arises out of the execution of a short form
agreement titled "Binder of Sale" (the
"Binder") pertaining to real property located at 929
Flushing Avenue, Brooklyn, New York 11206 (the
"Premises"). Though the parties never fully executed a
formal agreement, Plaintiff contends that the Binder, executed by
Joel Jacob as purchaser and Anita Wong "as managing
agent," without further identifying the
