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GRANITE BROADWAY DEVELOPMENT LLC v. 1711 LLC

44 A.D.3d 594 (2007)

845 N.Y.S.2d 10

GRANITE BROADWAY DEVELOPMENT LLC, Appellant, v. 1711 LLC, Respondent.

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

Decided October 30, 2007.

Contrary to plaintiff's assertions, there is no blanket prohibition against a court ordering the equitable relief of specific performance in a case involving breach of a construction contract. At most, courts are vested with discretion to refuse such relief (see Matter of Grayson-Robinson Stores [Iris Constr. Corp.], 8 N.Y.2d 133, 137-138 [1960]). Here, the court properly granted both liquidated damages and specific performance,...

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