Freidus v. Todem Homes, Inc.

New York Court of Appeals

Freidus v. Todem Homes, Inc.

434 N.E.2d 1341, 56 N.Y.2d 526, 449 N.Y.S.2d 963, 1982 N.Y. LEXIS 3212

CourtNew York Court of Appeals

DecidedMarch 23, 1982

StatusPublished

Cited by4 cases

This text of 434 N.E.2d 1341 (Freidus v. Todem Homes, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Freidus v. Todem Homes, Inc., 434 N.E.2d 1341, 56 N.Y.2d 526, 449 N.Y.S.2d 963, 1982 N.Y. LEXIS 3212 (N.Y. 1982).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division so far as appealed from should be affirmed, with costs, for the reasons stated in that court’s memorandum decision. We add only that the Appellate Division did not exceed its powers when its order stated that “it is determined that Todem Homes, Inc., has the right to specific performance of the option agreement dated June 10, 1969”. Although not an order granting specific performance in the earlier action, we take this “determination” as a necessary predicate to deciding the question of ownership of the property in dispute.

[529]*529Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur; Judge Meyer taking no part.

Order, insofar as appealed from, affirmed, with costs, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division so far as appealed from should be affirmed, with costs, for the reasons stated in that court’s memorandum decision. We add only that the Appellate Division did not exceed its powers when its order stated that “it is determined that Todem Homes, Inc., has the right to specific performance of the option agreement dated June 10, 1969”. Although not an order granting specific performance in the earlier action, we take this “determination” as a necessary predicate to deciding the question of ownership of the property in dispute.

[529]*529Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur; Judge Meyer taking no part.

Order, insofar as appealed from, affirmed, with costs, in a memorandum.

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Bluebook (online)

434 N.E.2d 1341, 56 N.Y.2d 526, 449 N.Y.S.2d 963, 1982 N.Y. LEXIS 3212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freidus-v-todem-homes-inc-ny-1982.

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