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Monroe 485 LLC v. Hall

Property Owner Granted Dismissal of Buyer's Complaint Seeking Specific Performance

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The following papers numbered 1 to 5 read herein:      Papers Numbered Notice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) Annexed   1-2 3-4 Opposing Affidavits (Affirmations)  4 5   Upon the foregoing papers, defendant Sean Hall (Hall) moves (in motion sequence ["MS"] 001) for an order, pursuant to CPLR 3211 (a) (1), (a) (3) and (a) (7), dismissing the complaint. Plaintiff Monroe 485 LLC (“Monroe 485″) cross-moves (in MS 002) for an order, pursuant to CPLR 3211 (d), granting it a continuance to conduct discovery. Background On February 8, 2019, Monroe 485 commenced this action against Hall, the owner of the property at 485 Monroe Street in Brooklyn (“premises”), by filing a summons and a verified complaint seeking specific performance of the parties’ February 2, 2016 contract for the sale of the premises (“Contract”). The complaint alleges that the parties “entered into a fully executed and legally binding contract of sale…” under which Hall “agreed to sell the Subject Premises to Plaintiff…in a short sale, a closing date [for] which was not specifically determined” (complaint at

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