Legal Opinion
Van Wagner Advertising Corp. v. S & M Enterprises
New York Court of Appeals
Decided April 1, 1986PublishedCited by 140 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
Specific performance of a contract to lease "unique” billboard space is properly denied when damages are an adequate remedy to compensate the tenant and equitable relief would impose a disproportionate burden on the defaulting landlord. However, owing to an error in the assessment of damages, the order of the Appellate Division should be modified so as to remit the matter to Supreme Court, New York County, for further proceedings with respect to damages.
By agreement dated December 16, 1981, Barbara Michaels leased to plaintiff, Van Wagner Advertising, for an…
2Cases cited19 opinions
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Da Silva v. MussoNew York Court of Appeals · 1981
- Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
14 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Kass v. KassNew York Court of Appeals · 1998
- Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.New York Court of Appeals · 1989
- Brass v. American Film Technologies, Inc.Court of Appeals for the Second Circuit · 1993
- Golden Pacific Bancorp, Plaintiff-Counter-Defendant-Appellant v. Federal Deposit Insurance Corporation Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2001
135 more not listed; retrieve them via the Exa API.