Rubinstein v. Rubinstein

Stevens, J. P. (dissenting): I dissent, vote to reverse and grant plaintiff’s cross motion for summary judgment decreeing specific performance. Plaintiff and defendant, distant relatives, owned certain properties in equal shares. Because of various differences they decided to separate. July 20, 1965, while each was represented by counsel, they entered into a written agreement by the terms of which plaintiff was given the option of taking one of two stores (the Premium or the Kips Bay Store) each of which, by agreement,' had the same value. Defendant was to take the other store. Paragraph 8 of…