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Case discussing the elements of specific performance

Case

Delisi v. Mastros, 32 Misc. 3d 1203(A), 2011 N.Y. Slip Op. 51224(U) (Sup. Ct. Kings County 2011) discusses the pleading requirements for specific performance under New York law. The plaintiff must allege:

  1. A valid contract, including its terms and a description of the subject matter;
  2. Readiness, willingness, and ability to perform, including satisfaction of the plaintiff’s obligations to date;
  3. The defendant’s ability to perform; and
  4. No adequate remedy at law, although this element generally need not be pleaded for contracts involving the sale of real property.[1]

“The complaint must show: (1) the making of the contract and its terms, including a description of the subject matter; (2) that the plaintiff is ready, willing, and able to perform . . .; (3) that it is within defendant’s power to perform; and (4) that there is no adequate remedy at law.”[1]

For the broader equitable-remedy standard, Van Wagner Advertising Corp. v. S & M Enterprises, 67 N.Y.2d 186, 191–94, 492 N.E.2d 756, 758–60, 501 N.Y.S.2d 628, 630–32 (1986) explains that specific performance rests within the court’s equitable discretion, requires inadequacy of damages, and should not impose a disproportionate or inequitable hardship.[2]

Sources & References

  1. Delisi v Mastros (2004)
  2. Henderson v. Fisher, 236 Cal. App. 2d 468

Related Questions

What defenses could the defendant raise against each specific-performance element under New York law?Help me draft a New York complaint pleading specific performance based on these requirements.
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