EMF General Contracting Corp. v. Bisbee
New York Appellate Division
774 N.Y.S.2d 39 (2004)
- Written by Salina Kennedy, JD
Facts
In 1998, EMF General Contracting Corporation (EMF) (defendant) agreed to buy land worth $15,000 from Michael Bisbee (plaintiff). A survey and title examination revealed a boundary-line problem involving a third party, and EMF’s purchase of the property was delayed. In 2000, EMF sought specific performance of the contract. By 2003, the value of the land had increased to $170,000, and Bisbee sought to avoid specific performance by asserting the defense of laches. The trial court found for Bisbee, and EMF appealed. After finding that all but eight or nine months of the five-year delay were attributable to EMF’s reasonable attempts to resolve the boundary-line issue, the New York Appellate Division considered EMF’s appeal.
Rule of Law
Issue
Holding and Reasoning (Saxe, J.)
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