Rockefeller Purchasing Corp. v. Rockefeller Center, Inc.

Untermyer, J. (dissenting).

The jurisdiction of equity specifically to enforce contracts relating to real estate, even where there exists a concurrent right of action for damages at law, has been too long exercised and is too well established to admit of argument. That jurisdiction extends to contracts for leases in common with other estates in land (Pomeroy Specific Performance of Contracts [3d ed.], § 9, and authorities cited in note a) and was directly sustained by this court in Shea v. Keeney (155 App. Div. 628). Indeed it would lead to serious consequences if long term leases could not be…