New York Court of Appeals

Oliver R. Grace v. Michael C. Nappa

March 29, 197946 N.Y.2d 560

Summary

The Court held that the seller's failure to furnish the contractually required recordable mortgage estoppel certificate constituted a material breach, barring specific performance and entitling the buyer to rescind and recover his down payment and title search costs. The Court reversed the Appellate Division and reinstated the trial court's judgment for the plaintiff.