Legal Opinion

Cosmolite Manufacturing Co. v. Theodus

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

Decided July 28, 1986PublishedCited by 4 opinions

1Opinion of the Court

— In an action for specific performance of a contract to sell real property, the plaintiff appeals from an order of the Supreme Court, Queens County (Barn-brick, J.), dated April 5, 1985, which, inter alia, dismissed its complaint for failure to state a cause of action.

Order affirmed, with costs.

The plaintiff contends that he properly exercised an option to buy contained in his lease agreement with the defendant, and that the defendant wrongfully refused to honor their contract.

In order for a contract for the sale of property to be enforceable, "it must be sufficiently certain and specific so…

2Cases cited4 opinions

  1. Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
  2. Willmott v. GiarraputoNew York Court of Appeals · 1959
  3. Read v. HenzelAppellate Division of the Supreme Court of the State of New York · 1979
  4. Blakey v. McMurrayAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by4 opinions

  1. Azoulay v. CassinAppellate Division of the Supreme Court of the State of New York · 1987
  2. Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.Appellate Division of the Supreme Court of the State of New York · 1988
  3. Flanel v. FlanelAppellate Division of the Supreme Court of the State of New York · 1989
  4. Mary Matthews Interiors, Inc. v. LevisAppellate Division of the Supreme Court of the State of New York · 1994

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API