Opinion
December 21, 1987
Appeal from the Supreme Court, Nassau County (Molloy, J.).
Ordered that the judgment is reversed, with costs, and the motion is denied.
The affidavits and other documents submitted in support of and in opposition to the Sands' motion clearly raise questions of fact which cannot be resolved without a trial. The issue of whether the Sands were unreasonably delaying the closing of title in order to acquire better mortgage terms, which cannot be determined on this record, should be resolved before they are granted the equitable relief of specific performance. It is noted that the Sands' own motion papers do not clarify the reason for their April 11, 1984 request for an adjournment of the closing (originally scheduled for "on or about March 15, 1984"), until April 20, 1984, and the appellant's motion papers raise a question as to whether he was aware of and acquiesced in the Sands' delay in closing title while they attempted to obtain a second mortgage commitment. Mangano, J.P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.