Nicholson v. 300 Broadway Realty Corp.

On this appeal, here by our permission, the plaintiffs seek a reversal of an order dismissing their complaint. The action was brought for specific performance of an agreement, made some 30 years ago by The Embossing Company, the defendant’s predecessor in title, to furnish heat to the building on the land belonging to the plaintiffs, and for damages resulting from the defendant’s failure to perform that agreement. The plaintiffs recently sold their property to the defendant and, while this renders impossible a decree of specific performance, it does not render the appeal moot or academic,…