In an October 29, 2010 decision by Justice Demarest, the court dismissed a breach of contract claim which sought specific performance of an escrow agreement contained in a real estate contract of sale. The court found that under the plain language of the contract, the plaintiff was not entitled to release of escrow funds because the condition precedent had not been satisfied and, therefore, the defendants did not breach the contract. The court also dismissed the claim for breach of the implied covenant of good faith and fair dealing on the grounds that granting the relief the plaintiff sought under that claim would be inconsistent with the terms of the parties’ agreement.
Brady v, VIL Realty LLC, Sup Ct, Kings County, October 29, 2010, Demarest, J, Index No. 14180/10