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Justice P. Feinman Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=119937 DEFENDANTS moved for summary judgment on plaintiff’s complaint and their counterclaim for specific performance. Plaintiff cross-moved for summary judgment seeking a declaration that the agreement at issue was null and void. Plaintiff’s decedent, Molloy, and defendants entered into a written agreement for the sale of the subject premises in 1981. The central issue arose from a paragraph in the agreement providing that the sale would only take place when Molloy vacated the premises or found a suitable apartment at Manhattan Plaza or elsewhere. The agreement was filed and recorded in the City Register. In 2005, a court held the subject document was improperly executed and vacated and expunged it from the records. Defendants now sought dismissal of the complaint and a declaration that the document was a valid and enforceable contract, compelling plaintiff to convey the premises. The court rejected plaintiff’s argument that an essential term—the closing date—made the document unenforceable. It noted the document reflected that closing would occur upon the occurrence of a condition precedent, finding the contract valid and enforceable as long as any conditions were satisfied. Thus, the court ruled defendants were entitled to specific performance and granted their motion.

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