A party seeking specific performance of a contract for the sale of real property must establish not only that he was ready, willing, and able to close on the scheduled closing date, but also that the other party was in default. Here, since there was never a time of the essence closing, nor even a future scheduled closing date, neither element is established. The cause of action is dismissed.
141 Park Ave. Realties, Inc. v. 141 Park Ave. Holdings, LLC, NY Slip Op 02631 (2d Dep't May 17, 2023)
