Legal Opinion
Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.
New York Court of Appeals
Decided November 21, 1989PublishedCited by 275 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
The legal question at the core of this human drama is whether an option permitting plaintiff to purchase a nursing home is so indefinite in its price term as to preclude enforcement by the courts. Contrary to the trial court and the Appellate Division, we conclude that the price term is sufficiently definite, and therefore grant judgment to plaintiff requiring specific performance of the contract.
The agreement at issue arose in connection with the nursing home scandals of the 1970’s. Eugene Hollander, then a prominent figure in the industry, had for years been the…
2Cases cited5 opinions
- Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
- Metro-Goldwyn-Mayer, Inc. v. ScheiderNew York Court of Appeals · 1976
- Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.Appellate Division of the Supreme Court of the State of New York · 1988
3Cited by275 opinions
- Robert J. Rule v. Brine, Inc., Also Known as W.H. Brine Company, and William H. Brine, Jr.Court of Appeals for the Second Circuit · 1996
- John Delaney v. Bank of America Corp.Court of Appeals for the Second Circuit · 2014
- Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007
- Express Industries & Terminal Corp. v. New York State Department of TransportationNew York Court of Appeals · 1999
- 166 Mamaroneck Ave. Corp. v. 151 East Post Road Corp.New York Court of Appeals · 1991
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