SSJI 176 Skillman LLC v. Michelangelo Baglivo and Guiseppe Baglivo et al.

Facts: Plaintiff and Defendants had negotiated a contract for the sale of real property in Brooklyn, New York. The contract did not include a “time of the essence” clause, but did provide the return of the down payment in the event of a breach by the seller. When the occupant of the property died, Plaintiff agreed to a one month adjournment of the sale pending the end of the mourning period. Once the one month interval had passed, Plaintiff pressed for the closing, set a date, and exchanged correspondence with Defendants regarding the closing. Finding the Defendants unresponsive with regard to the closing, Plaintiff initiated a lawsuit seeking to cancel the contract and for the return of the down payment.

Holding: The Supreme Court found that Defendants had not properly set up the closing and had unreasonably delayed the performance of the contract. The Supreme Court cancelled the sale contract, removed the lis pendens, and ordered the return of the down payment.

Submitted: Davida S. Scher, Esq.

Precis: Davida S. Scher