DA SILVA v. MUSSO


53 N.Y.2d 543 (1981)

Leon Da Silva, Appellant, v. Antonio Musso et al., Respondents.

Court of Appeals of the State of New York.

Decided October 20, 1981.


Attorney(s) appearing for the Case

Thomas G. Sherwood and Vincent M. Albanese for appellant.

Joseph A. Baum for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

Absent any evidence of hardship upon the seller of real estate resulting from his negligent mistake, or of knowledge or reason to know of the mistake on the part of the purchaser, it is an abuse of discretion as a matter of law to deny specific performance to the purchaser and dismiss the complaint. The order of the Appellate Division should, therefore, be reversed and the judgment of Special Term awarding...

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