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· 7/10/2001

Sokoloff v. Harriman Estates Development Corp.

Citations

  • 754 N.E.2d 184
  • 96 N.Y.2d 409
  • 729 N.Y.S.2d 425
  • 2001 N.Y. LEXIS 1985

How courts have described this case

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

  • dismissing separate cause of action for specific performance but permitting plaintiff to seek specific performance as a remedy
  • finding an offer was sufficiently pleaded at the motion to dismiss stage where a specific design and price was set, and it was subsequently followed up with a written payment schedule for the proposed work
  • “[A]n agent must not seek to acquire indirect advantages from third persons for performing duties and obligations owed to [the agent’s] principal.”
  • agents, as fiduciaries, “must act in accordance with the highest and truest principles of morality”
  • “In general, specific performance will not be ordered where money damages would be adequate to protect the expectation interest of the injured party.”
  • “In determining whether money damages would be an adequate remedy, a trial court must consider, among other factors, the difficulty of proving damages with reasonable certainty and of procuring a suitable substitute performance with a damages award.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Levine

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.