Judgment unanimously reversed on the law with costs and motion denied. Memorandum: It is settled law that a party who has failed or refused to perform his contractual obligations is not entitled to specific performance of that contract (see, Grace v Nappa, 46 N.Y.2d 560, 567, rearg denied 47 N.Y.2d 952; Panner Woodworking Co. v Adair, 75 A.D.2d 553, 554; see generally, 96 N.Y. Jur 2d, Specific Performance, §§ 23, 24). It is uncontroverted that plaintiff defaulted on his obligation to purchase defendants' shares of stock and that he also failed to perform the directives of a prior court order concerning the purchase or sale of stock in defendant corporation. Under the circumstances, plaintiff was not entitled to specific performance of the settlement agreement.