Van Wagner Advertising Corp. v. S & M Enterprises
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 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.