Myers v. Lovetinsky

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• instructing that to maintain the status quo ante means “enjoying the landlord from conveying the demised premises to the purchaser, or, if the landlord has already conveyed, by requiring the purchaser to reconvey those premises to the landlord.”
• noting specific performance is unavailable “unless the terms of the option, including the price, are definite, or unless a means is provided for fixing the terms definitely”
• following Guadides to hold that, while specific performance is not available, an injunction on a sale that has not consummated, or a reconveyance of property pursuant to a sale that has consummated, are available remedies
• following Guaclides to hold that, while specific performance is not available, an injunction on a sale that has not consummated, or a reconveyance of property pursuant to a sale that has consummated, are available remedies
• “We think that to grant specific performance of the demised premises for their market value is to rewrite the tenant’s preferential right.”
• “We hold that in these situations the tenant’s relief is limited to maintaining the status quo ante with respect to the demised premises for the rest of the term of the lease.”

Source: CourtListener parenthetical corpus (CC0).