Primax Properties, LLC v. Monument Agency, Inc.

Court:	Appellate Division, Fourth Department
Citation:	2018 NY Slip Op 01020

Facts: Plaintiff Primax Properties, LLC (“Primax”) is a commercial real estate developer which executed two contracts for the purchase of two real estate parcels located in Oriskany, New York. Primax intended on constructing a Dollar General store on the two parcels. The two parcels were owned by different defendants herein. Primax encountered difficulties in closing with regard to both parcels. The larger parcel was owned by defendant Peter Earle, who claimed to discover after the execution of the contract, that a portion of the land to be purchased by Primax was actually owned by an unrelated third party. Owner of the second smaller parcel, defendant Monument Agency, Inc. (“Monument”), claimed that it could not close on the real estate contract because the deed description of the real property was incorrect. The lower court awarded Primax specific performance on both real estate contracts.

Holding: The Fourth Department affirmed the lower court’s award of specific performance, finding that defendants had not raised issues of fact in opposition to the request for specific performance.

Submitted: Davida S. Scher, Esq.

Precis: Davida S. Scher

 

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