Specific Performance as a Remedy in New York

Specific performance is a court-ordered remedy used to enforce the exact terms of a contract. In New York, this remedy is reserved for situations where monetary damages are not sufficient to make the injured party whole. Instead of awarding money, the court directs the party who breached the contract to carry out their specific obligations. This remedy is especially common in real estate and other contracts involving unique items or services.

When a Party Has Substantially Performed

Before a court will consider awarding specific performance, the party requesting it must show that they have substantially performed their own duties under the contract. This means they completed the main parts of what they agreed to do. Minor breaches or unintentional delays may not bar relief, but the court must be satisfied that the requesting party acted in good faith and upheld their end of the bargain.

When the Requesting Party Is Ready, Willing, and Able to Perform

Specific performance is only available to a party who was prepared to finish what they promised. The court will look at whether the person seeking enforcement was financially and practically capable of doing so. For example, in a real estate deal, this might mean showing proof of funds for closing. Courts will not grant this remedy if the requesting party could not have fulfilled their own contractual duties.

When the Other Party Is Capable of Performing

Specific performance requires that the breaching party is still able to fulfill their obligations. If they no longer possess the item, property, or ability to perform, the court cannot order specific performance. This remedy is only effective when the original agreement can still be carried out by both parties.

When There Is No Adequate Remedy at Law

The most important factor in awarding specific performance is whether money would be enough to fix the harm. If the subject of the contract is something unique—such as a particular piece of real estate or a rare item—courts may find that financial damages would fall short. In such cases, the court may order the breaching party to fulfill the contract terms exactly as agreed.

Conclusion

Specific performance is a powerful remedy in New York contract law, used only when fairness demands that the exact terms of an agreement be enforced. It is typically granted when the contract involves something irreplaceable and the requesting party has acted in good faith, followed through on their duties, and is ready to complete the deal. While not available in every case, it is an important tool for ensuring that promises are kept when money alone is not enough to make things right.

Find the Law

“The elements of a cause of action for specific performance of a contract are that the [buyer] substantially performed its contractual obligations and was willing and able to perform its remaining obligations, that [seller] was able to convey the property, and that there was no adequate remedy at law (EMF Gen. Contr. Corp. v. Bisbee,6 A.D.3d 45, 51, 774 N.Y.S.2d 39 [1st Dept.2004]).” Highbridge House Ogden LLC v. Highbridge Entities LLC, 48 Misc. 3d 976, 986 (N.Y. Sup. Ct. 2015)