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VAN WAGNER ADV v. S&M ENTERS

67 N.Y.2d 186 (1986)

Van Wagner Advertising Corp., Appellant-Respondent, v. S & M Enterprises et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided April 1, 1986.

Attorney(s) appearing for the Case

Stephen E. Powers and Mary Jo Reich for appellant-respondent.

Richard N. Runes and Lauri Cohen for respondents-appellants.

Chief Judge WACHTLER and Judges MEYER, SIMONS, TITONE and HANCOCK, JR., concur; Judge ALEXANDER taking no part.

KAYE, J.

Specific performance of a contract to lease "unique" billboard space is properly denied when damages are an adequate remedy to compensate the tenant and equitable relief would impose a disproportionate burden on the defaulting landlord. However, owing to an error in the assessment of damages, the order of the Appellate Division should be modified so as to remit the matter to Supreme Court, New York County...

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