· 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 CourtListenerSourced 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.