Rosenfeld v. Zerneck

776 N.Y.2d 458 (2004)

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Nature of the Case

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Facts

After viewing D's property, P offered a $3,500,000 cash deal. P followed up with an e-mail to D. Shortly thereafter, P and D had a telephone conversation. D then followed up with an e-mail. That email stated a $3,525,000 purchase price, the location of the home, and the closing date. It also stated that D’s attorney would prepare a contract of sale. The email ended with a typed signature. D eventually refused to sell the home. P sued seeking specific performance in that the email constituted a contract. D moved for summary judgment.