Legal Opinion
Da Silva v. Musso
New York Court of Appeals
Decided October 20, 1981PublishedCited by 98 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Absent any evidence of hardship upon the seller of real estate resulting from his negligent mistake, or of knowledge or reason to know of the mistake on the part of the purchaser, it is an abuse of discretion as a matter of law to deny specific performance to the purchaser and dismiss the complaint. The order of the Appellate Division should, therefore, be reversed and the judgment of Special Term awarding plaintiff specific performance should be reinstated, with costs.
The action arises out of the execution on August 29,1978 of a binder under which plaintiff…
2Cases cited25 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Belknap v. . SealeyNew York Court of Appeals · 1856
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3Cited by98 opinions
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- Simkin v. BlankNew York Court of Appeals · 2012
- Da Silva v. MussoNew York Court of Appeals · 1990
- Surlak v. SurlakAppellate Division of the Supreme Court of the State of New York · 1983
- Westinghouse Electric Corp. v. New York City Transit AuthorityDistrict Court, S.D. New York · 1990
93 more not listed; retrieve them via the Exa API.