BERRY v. BOULWARE


182 A.D.2d 1134 (1992)

Jeffrey A. Berry, on Behalf of Himself and All Other Shareholders of Comprehensive Analytical Group, Inc., Similarly Situated, Respondent, v. Robert J. Boulware et al., Individually and as Directors of Comprehensive Analytical Group, Inc., et al., Appellants. (Appeal No. 2.)

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

April 24, 1992


Judgment unanimously reversed on the law with costs and motion denied.

Memorandum:

It is settled law that a party who has failed or refused to perform his contractual obligations is not entitled to specific performance of that contract (see, Grace v Nappa, 46 N.Y.2d 560, 567, rearg denied 47 N.Y.2d 952; Panner Woodworking Co. v Adair, 75 A.D...

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