Majority
In an action, inter alia, for specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Oliver, J.), dated June 29, 2004, which denied his cross motion for summary judgment and granted the motion of the defendant Lynn Ferdinand pursuant to CFLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against her.
Ordered that the order is affirmed, with costs.
The parties to a contract for the sale of real property may agree, as they did here, to restrict the liability resulting from a breach, or may agree that no damages will be payable at all
The defendant acted at all times in good faith (see Cipriano v Glen Cove Lodge #1458, B.P.O.E., supra; Calligar v Fradkoff, supra at 497-498 ). We agree with the Supreme Court that the objection to title was not a “self-created or easily scaled barrier” that could be remedied by a “reasonable expenditure of money” (9 Bros. Bldg. Supply Corp. v Buonamicia, supra at 530 ).
The plaintiff’s remaining contentions are without merit. Schmidt, J.P., Goldstein, Crane and Fisher, JJ., concur.
Cases cited
- Cipriano v. Glen Cove Lodge #1458 1 NY3d 53 p. 387
- Progressive Solar Concepts, Inc. v. Gabes 161 AD2d 752 at 753 p. 387
- Calligar v. Fradkoff 154 AD2d 495 at 497 p. 387
- Mokar Properties Corp. v. Hall 6 AD2d 536 at 539 p. 387
- 9 Bros. Building Supply Corp. v. Buonamicia 299 AD2d 529 at 530 p. 387