Home/Appellate Division of the Supreme Court of New York/Board of Higher Education v. Bass & D'Alessandro Enterprises, Inc.

Board of Higher Education v. Bass & D'Alessandro Enterprises, Inc.

85 A.D.2d 543, 445 N.Y.S.2d 6, 1981 N.Y. App. Div. LEXIS 16330
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 10, 1981
StatusPublished
Cited by3 cases

This text of 85 A.D.2d 543 (Board of Higher Education v. Bass & D'Alessandro Enterprises, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Higher Education v. Bass & D'Alessandro Enterprises, Inc., 85 A.D.2d 543, 445 N.Y.S.2d 6, 1981 N.Y. App. Div. LEXIS 16330 (N.Y. Ct. App. 1981).

Opinions

Judgment, Supreme Court, New York County (Myers, J.), entered May 15,1980, declaring plaintiff board of higher education as owner of a structure on the Lehman College campus, and enjoining defendant from dismantling it and retrieving its salvageable parts, affirmed, with costs and disbursements. The dissent agrees that, in this equity action, there was an equitable basis for the Trial Term’s determination. We cannot agree with the dissent that equity requires an additional payment by the plaintiff of $193,412. The defendant has already received $792,000 from the plaintiff for a building that cost it $538,000. We find that it would be most inequitable to add $193,412 to its profit. Concur — Sandler, Silverman and Lynch, JJ.

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Bluebook (online)
85 A.D.2d 543, 445 N.Y.S.2d 6, 1981 N.Y. App. Div. LEXIS 16330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-higher-education-v-bass-dalessandro-enterprises-inc-nyappdiv-1981.