nyc-apartment-buildings Are Inclusionary Air Rights Unique? Specific Performance Revisited
In this discussion of contractual rights, Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen discuss '301 East 60th Street LLC v. Competitive Solutions,' a "guidepost to parties engaged in any contractual dispute where specific performance might be sought as a remedy."
October 03, 2023 at 11:00 AM
13 minute read
Contracts
On May 30, 2023, the Appellate Division, First Department, decided 301 East 60th Street LLC v. Competitive Solutions LLC, 217 AD3d 79 (1st Dept. 2023) (Competitive Solutions)—the first decision to grant a purchaser of inclusionary air rights (IARs) the remedy of specific performance against a seller who reneged on the parties' agreement.
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