Grayson-Robinson Stores v. Iris Constr. Corp.
8 N.Y.2d 133, 202 N.Y.S.2d 303, 168 N.E.2d 377 (1960).
Facts: The defendant contracted
with the plaintiff to build a store on some of the defendantís property.† The defendant became unable to get financing
and asked the plaintiff for an increase in rent.† The plaintiff refused and the case went to
arbitration.† The arbitrators ordered
Iris to proceed.† By statute,
Issue: Should the courts enforce specific performance as ordered by the arbitrators?
Analysis: Normally, taking on responsibility to enforce an order that is arguably impossible would be rejected by courts on pubic policy grounds.† Here, the statute seems to trump the common law rule.
Conclusion: The Court of Appeals of