June 8, 2023

Specific performance.

There is no automatic contractual right to specific performance; it is an equitable remedy for a breach of contract. The grant of specific performance is a matter of judicial discretion, which is controlled by the established doctrines and settled principles of equity. A court reviewing an agreement that provides for specific performance should accord deference to the parties' manifest intent, unless enforcement of the provision would produce an inequitable result. Parties are bound to the terms of their contracts, including their remedies.

A party that is contractually entitled to specific performance must demonstrate that it substantially performed its contractual obligations, that the breaching party was able to convey, and that there is no adequate remedy at law.

301 E. 60th St. LLC v. Competitive Solutions LLC, NY Slip Op 02842 (1st Dep't May 30, 2023)

Here is the decision.