1319 THIRD AVENUE REALTY CORP. v. CHATEAUBRIANT RESTAURANT DEVELOPMENT CO.


19 A.D.3d 221 (2005)

797 N.Y.S.2d 62

1319 THIRD AVENUE REALTY CORP., Appellant, v. CHATEAUBRIANT RESTAURANT DEVELOPMENT CO., Respondent.

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

June 16, 2005.


Inasmuch as the record demonstrates that defendant properly advised plaintiff of its intention to exercise its option to purchase the subject real property, the relief ordered by the motion court was appropriate. While defendant, to prevail fully upon its specific performance claim, will have to show, inter alia, that it is financially able to close the transaction, such a showing was not necessary to the limited relief afforded by the motion court, and indeed could not have...

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