The plaintiff buyer brought a motion for a preservation order or a certificate of pending litigation (CPL) regarding an abortive real estate transaction for a residential property.
The defendant seller repudiated the agreement, arguing it was an unconscionable contract and that the plaintiff, a real estate lawyer, took advantage of her vulnerability.
The court dismissed the request for a preservation order, finding it inappropriate for real property in this context.
However, the court granted the CPL, finding that the plaintiff had a reasonably strong prima facie claim for specific performance and that the property was unique in the requisite legal sense.
