Legal Opinion
Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1983PublishedCited by 24 opinions
1Opinion of the Court
— In an action, inter alia, for specific performance of a contract to sell real property, defendant appeals from a judgment of the Supreme Court, Suffolk County (Geiler, J.), entered December 30,1982, which, upon a stipulation of facts and submission of deposition testimony, granted specific performance to the plaintiff. Judgment reversed, on the law and the facts, with costs and complaint dismissed. Defendant acted unilaterally in canceling the subject contract, and plaintiff was thereby excused from its duty to tender its own performance (see Glauber v P. S. F. B. Assoc., 89 AD2d 576;…
2Cases cited4 opinions
- Stawski v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1979
- Spuches v. Royal View, Inc.Appellate Division of the Supreme Court of the State of New York · 1961
- Friederang v. Ruth Aldo Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Glauber v. P. S. F. B. AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by24 opinions
- Zev v. MermanAppellate Division of the Supreme Court of the State of New York · 1987
- 3M Holding Corp. v. WagnerAppellate Division of the Supreme Court of the State of New York · 1990
- Madison Investments, Inc. v. Cohoes AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
- Pecorella v. Greater Buffalo Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Mazzaferro v. Kings Park Butcher Shop, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
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