Da Silva v. Musso

New York Court of Appeals · Decided 1981-10-20

Cited by 101 later decision(s) in our corpus · see the citation network in Lexace

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OPINION OF THE COURT Meyer, J. Absent any evidence of hardship upon the seller of real estate resulting from his negligent mistake, or of knowledge or reason to know of the mistake on the part of the purchaser, it is an abuse of discretion as a matter of law to deny specific performance to the purchaser and dismiss the complaint. The order of the Appellate Division should, therefore, be reversed and the judg…

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