The New York Law Journal Publishes Article by Adrienne Koch, Neil Miller on Specific Performance Remedy

Partners Adrienne B. Koch and Neil S. Miller are writing a four-part series in 2023 for the New York Law Journal on remedies in real estate transactions. Their second article published on May 2 and addresses the availability of specific performance for breach of an agreement that involves real estate.

They write: “Both litigators and transactional lawyers know the basic drill: specific performance is available for breach of a contract whose subject matter is so unique that money damages will not adequately compensate the non-breaching party. All are also familiar with the axiom, well-established in New York law, that real estate is a unique asset. But it does not necessarily follow that specific performance is generally available for breach of an agreement that involves real estate.”

You can find a pdf of the article here.

Adrienne Koch has a broad range of experience in all types and phases of commercial litigation and dispute resolution, both at the trial level and at the appellate level. Adrienne has handled cases involving issues of contract, real estate, defamation, business fraud and other business torts – covering industries ranging from manufacturing, oil refining, and coal mining to finance, retail, and real estate management and development.

Neil Miller represents developers, investors, and institutions in the acquisition, development, sale, leasing, and financing of commercial properties. His experience also includes commercial, ground and net leasing, partnership and joint ventures, construction, mezzanine, bridge and term loans, and general business counseling.