Legal Opinion

Elsaeidy v. Guarino

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2003PublishedCited by 4 opinions

1Opinion of the Court

In an action to compel specific performance of an agreement to purchase certain real property, the plaintiffs appeal from an order of the Supreme Court, Kings County (D. Schmidt, J.), dated September 9, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ assertions, “[a] party has an absolute, unqualified right to terminate a contract on notice pursuant to an unconditional termination clause without court *487inquiry into whether the termination was activated by an ulterior motive” (Big…

2Cases cited3 opinions

  1. Big Apple Car, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
  2. A.J. Temple Marble & Tile, Inc. v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1998
  3. J.D.'s Tire & Battery Center, Inc. v. Automobile Club of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by4 opinions

  1. Brooklyn Historic Railway Ass'n v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  2. Ali-Hasan v. St. Peter's Health Partners Med. Assoc., P.C.Appellate Division of the Supreme Court of the State of New York · 2024
  3. Matek, Incorporated v. International Business MacHines CorporationDistrict Court, District of Columbia · 2024
  4. Watermelons Plus, Inc. v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2010

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