“The equitable remedy of specific performance is available in the court’s discretion generally when the remedy at law, damages, would be inadequate.” Burke v. Bowen, 40 N.Y.2d 264, 267 (1976). “Specific performance is an appropriate remedy for a breach of contract concerning goods that “are unique in kind, quality or personal association” where suitable substitutes are unobtainable or unreasonably difficult or inconvenient to procure.” Sokoloff v. Harriman Estates Development Corp., 96 N.Y.2d 409, 429 (2001) (quoting Restatement [Second] of Contracts § 360).

If you need to seek specific performance under a contract, or need to defend a claim for specific performance, contact us online or call Scott Lanin, Esq. at (212) 764-7250 Ext.201. We offer a free phone consult to review and evaluate your case or you can schedule an office consult.