ROSE v. SPA REALTY ASSOC.


42 N.Y.2d 338 (1977)

Allen V. Rose et al., Respondents, v. SPA Realty Associates, a Copartnership Consisting of Norman M. Schlesinger et al., Appellants.

Court of Appeals of the State of New York.

Decided July 5, 1977.


Attorney(s) appearing for the Case

Thomas R. Newman, Phil A. Rodriguez, Joseph A. Fiore and Aaron E. Rennert for appellants.

Edward Flower and Lark J. Shlimbaum for respondents.

Judges JASEN, GABRIELLI, JONES, WACTHLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

Plaintiffs, planners of an extensive housing development on land in Saratoga Springs purchased from defendants, seek specific performance of an oral agreement to modify the written agreement of sale. The modification reduced the quantity of the land to be conveyed as a first stage under the written agreement. Supreme Court, after a nonjury trial, ordered that the lesser quantity be conveyed...

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