2004 McDonald Ave. Realty, LLC v. 2004 McDonald Avenue Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for specific performance of a letter of intent regarding a commercial lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated June 4, 2007, as granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (1) to dismiss the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
To obtain specific performance of an agreement, the agreement must be sufficiently certain and specific so that the parties’ intentions are ascertainable (see Joseph…
2Cases cited19 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
- Cobble Hill Nursing Home, Inc. v. Henry & Warren Corp.New York Court of Appeals · 1989
- Willmott v. GiarraputoNew York Court of Appeals · 1959
- Candid Productions, Inc. v. International Skating UnionDistrict Court, S.D. New York · 1982
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3Cited by13 opinions
- Saul v. CahanAppellate Division of the Supreme Court of the State of New York · 2017
- Trueforge Global Machinery Corp. v. Viraj GroupAppellate Division of the Supreme Court of the State of New York · 2011
- Greene v. RachlinAppellate Division of the Supreme Court of the State of New York · 2017
- Piller v. Marsam Realty 13th Avenue, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- New York Military Academy v. NewOpen GroupAppellate Division of the Supreme Court of the State of New York · 2016
8 more not listed; retrieve them via the Exa API.