Alvin Meisels

The plaintiffs brought an action for breach of contract regarding a Consulting Services Agreement (CSA) and a Transitional Consultant Fee Agreement (TCFA).

The defendants argued the CSA should be set aside due to fraudulent misrepresentation by the plaintiff consultant regarding a competing offer.

The court found that the plaintiff knowingly made a false representation that induced the defendants to enter the CSA, and therefore rescinded the CSA.

However, the court found the TCFA remained valid and enforceable, awarding the plaintiffs $150,000 under that agreement.

The defendants' counterclaim for damages was dismissed.

The plaintiffs brought a motion for partial summary judgment seeking specific performance of an agreement of purchase and sale for a commercial property.

The transaction failed to close on the agreed-upon date of August 3, 2012.

The court found that the parties had waived the 'time of the essence' provision by their conduct.

Furthermore, the defendants were not ready, willing, and able to close on that date and therefore could not rely on the provision to terminate the agreement.

The court granted partial summary judgment and ordered specific performance.