The defendants brought a motion to discharge a Certificate of Pending Litigation (CPL) obtained ex parte by the plaintiffs regarding an industrial condominium unit.
The plaintiffs had entered into an Agreement of Purchase and Sale and took interim occupancy but failed to close the transaction, leading to a dispute over who breached the agreement.
The court found that while the plaintiffs failed to make full and frank disclosure on the ex parte motion, they established a triable issue regarding their claim for specific performance.
The court dismissed the motion to discharge the CPL but imposed strict terms requiring the plaintiffs to pay the full purchase price into court and pay all outstanding interim occupancy rent.
