Fender v. Prescott

Full title: T.D. FENDER, Respondent, v. T. GENE PRESCOTT, Appellant

Court: Court of Appeals of the State of New York

Date published: Apr 25, 1985

64 N.Y.2d 1079 (N.Y. 1985)

489 N.Y.S.2d 904

479 N.E.2d 249

Opinion

Argued March 21, 1985

Decided April 25, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alvin F. Klein, J.

Owen McGivern, Allan R. Freedman and Beth A. Finley for appellant.

Edward N. Meyer, Robert E. Kushner and Vicki L. Dexter for respondent.

Order affirmed, with costs, for the reasons stated in that part of the opinion by Justice Bentley Kassal at the Appellate Division as deals with specific performance ( 101 A.D.2d 418).

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.