Van Wagner Advertising
Corp. v. S & M Enterprises
Court
of Appeals of
67
N.Y.2d 186, 501 N.Y.S.2d 628, 492 N.E.2d 756.
Facts: The plaintiff leased space
on a building to put up a billboard in a very desirable location. The building was bought by the defendant, who
terminated the lease. The plaintiff sued
for specific performance and damages.
Issue: Shall the plaintiff receive
monetary damages or specific performance?
Rule: Specific performance is a
possible remedy in cases involving real property or unique items.
Analysis: The court says that the contract
was not made over real property per se, but rather over a commercial
lease. The leased property was found by
the trial court to be unique, but this court holds that this isn’t sufficient
to allow the remedy of specific performance.
Conclusion: The court held that the plaintiff
was entitled to money damages but not specific performance.