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CONCERT RADIO, INC. v. GAF CORP.

159 A.D.2d 258 (1990)

Concert Radio, Inc., Respondent, v. GAF Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 8, 1990

Plaintiff commenced an action seeking specific performance or, alternatively, money damages against defendants predicated upon a breach of an option agreement requiring defendants to sell it radio station WNCN-FM upon the happening of a certain event. After trial, plaintiff was awarded specific performance. This court affirmed the finding of a breach but vacated the award of specific performance and remanded the case for an inquest. (108 A.D.2d 273

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