Legal Opinion
Heller v. Equity Marketing, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 1999Published
1Opinion of the Court
Judgment, Supreme Court, New York County (Herman Cahn, J.), entered July 1, 1998, which, after a nonjury trial, to the extent appealed from as limited by the brief, awarded plaintiff the value of certain underwriter warrants, rather than the warrants themselves, and valued those warrants at $1 each, unanimously affirmed, with costs.
Specific performance is not available in an action, such as this one, prosecuted solely on the theory of quantum meruit, and not breach of contract (see, Hadcock Motors v Metzger, 92 AD2d 1, 4-5; Sticht v Denny, 250 App Div 793; Flanders v Rosoff, 111 App Div 1,…
2Cases cited6 opinions
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- Hadcock Motors, Inc. v. MetzgerAppellate Division of the Supreme Court of the State of New York · 1983
- Bsales v. Texaco, Inc.District Court, D. New Jersey · 1981
- Flanders v. RosoffAppellate Division of the Supreme Court of the State of New York · 1906
- Flanders v. . RosoffNew York Court of Appeals · 1907
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