The plaintiff tenant entered into an agreement of purchase and sale with the defendant landlord to buy the residential property she was leasing.
A dispute arose on closing regarding a $190,000 credit in a schedule to the agreement.
The transaction failed to close, and the plaintiff sued for specific performance, bringing a motion for leave to issue a certificate of pending litigation (CPL).
The court granted the motion, finding the plaintiff established a triable claim to an interest in land because the property was her home and therefore unique, and the balance of convenience favoured the plaintiff.