Opinion
February 18, 1986
Appeal from the Supreme Court, Suffolk County (Jones, J.).
Judgment affirmed, without costs or disbursements.
The parties entered into a contract for the purchase of the defendants' house. The defendants were going to purchase another house, but were unable to do so, and although they attempted to find suitable accommodations for themselves and their eight children, their attempts were unsuccessful. After several adjournments of the closing, the plaintiffs brought an action seeking equitable and legal relief. Trial Term properly exercised its discretion in denying the plaintiffs equitable relief upon finding (1) that the defendants made a good-faith effort to find housing and (2) that awarding specific performance would produce hardship to the defendants and their eight children (see, Da Silva v. Musso, 53 N.Y.2d 543; Hadcock Motors v. Metzger, 92 A.D.2d 1). Trial Term's denial of loss-of-bargain damages was proper in the absence of proof of value at the time of the breach (see, Bailey v. Morgan, 95 A.D.2d 883, affd 62 N.Y.2d 844; Commercial Cas. Ins. Co. v. Roman, 269 N.Y. 451). Mangano, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.