Legal Opinion
McGlone v. McGlone
Appellate Division of the Supreme Court of the State of New York
Decided April 18, 2005PublishedCited by 2 opinions
1Opinion of the Court
In an action for specific performance of a contract for the sale of real property, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Burton, J.), dated April 8, 2004, which denied their motion for summary judgment.
*550Ordered that the order is affirmed, without costs or disbursements.
The determination of whether to grant the equitable remedy of specific performance lies within the discretion of the court (see Van Wagner Adv. Corp. v S & M Enters., 67 NY2d 186 [1986]), and the right to such relief is not automatic (see Pecorella v Greater Buffalo Press, 107 AD2d 1064…
2Cases cited4 opinions
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- Pecorella v. Greater Buffalo Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Currier v. First Transcapital Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Castaldi v. MulterAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by2 opinions
- McGinnis v. CowheyAppellate Division of the Supreme Court of the State of New York · 2005
- Victory State Bank v. EMBA Hylan, LLCAppellate Division of the Supreme Court of the State of New York · 2019