COBBLE HILL v. HENRY & WARREN


74 N.Y.2d 475 (1989)

Cobble Hill Nursing Home, Inc., Appellant, v. Henry and Warren Corporation, Respondent. David Axelrod, as Commissioner of the State of New York Department of Health, Intervenor.

Court of Appeals of the State of New York.

Decided November 21, 1989.


Attorney(s) appearing for the Case

Louis A. Craco, Diana B. Simon and Gregory L. Harris for appellant.

Joseph Frost, Alan J. Firestone and George Meissner for respondent.

Robert Abrams, Attorney-General (R. Scott Greathead, O. Peter Sherwood, Lawrence S. Kahn and Christopher Keith Hall of counsel), for intervenor.

Edward J. Kuriansky, Arthur A. Munisteri, Elizabeth T. Bogren and Donald H. Zuckerman for New York State Deputy Attorney-General for Medicaid Fraud Control, amicus curiae.

Leslie Salsman and Herbert Semmel for Alzheimer's Association, New York City Chapter, and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

The legal question at the core of this human drama is whether an option permitting plaintiff to purchase a nursing home is so indefinite in its price term as to preclude enforcement by the courts. Contrary to the trial court and the Appellate Division, we conclude that the price term is sufficiently definite, and therefore grant judgment to plaintiff requiring specific performance of the contract.

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