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Rosenfeld v. Zerneck

Supreme Court of New York, Kings County
776 N.Y.2d 458 (2004)


The plaintiffs made an offer of $3,500,000 in cash for the defendant’s home. The plaintiffs followed up with an email, and the parties subsequently discussed the offer over the phone. The defendant then sent the plaintiffs a confirmation email accepting the plaintiffs’ cash offer. The email stated the $3,525,000 purchase price, the location of the home, and the closing date. The email also noted that the defendant’s attorney would subsequently prepare a contract of sale. The defendant concluded the email with a typed signature. After the defendant refused to sell the home, the plaintiffs brought suit, arguing that the email constituted a contract and seeking specific performance. The defendant moved for summary judgment.

Rule of Law


Holding and Reasoning (Kramer, J.)

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