Van Wagner Advertising Corp. v. S & M Enterprises

Court of Appeals of New York, 1986.

67 N.Y.2d 186, 501 N.Y.S.2d 628, 492 N.E.2d 756.

Dawson, pp. 151-155


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 isnít sufficient to allow the remedy of specific performance.


Conclusion: The court held that the plaintiff was entitled to money damages but not specific performance.


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