A trial court denied a plaintiff’s motion for summary judgment on its claims for specific performance, an injunction, declaratory relief, and attorney fees and to dismiss defendant’s affirmative defenses and denied defendant’s cross-motion for summary judgment dismissing the complaint.

The salient issue was “whether a contract pertaining to the sale of Inclusionary Air Rights (IARs) can be subject to specific performance.” Based on the subject facts, the Appellate Division, First Department (court), held that “specific performance is an appropriate remedy” and modified the trial court’s decision by granting the plaintiff’s motion for summary judgment.

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