Wednesday, August 16, 2006
For those of you who teach the specific performance case of Van Wagner Advertising v. S & M Enterprises. 492 N.E.2d 756 (N.Y. 1986), Michael Greenfield (Wash U) has a couple of pictures of the building and the billboard at issue.
The case involved a billboard on the side of a building in a very desirable location, "smack-dab in your face" as you enter Manhattan from the Mid-Town Tunnel. When the building was sold, the new owner terminated the billboard lease, and the lessee sued for specific performance. Although the trial court found that this particular billboard was unique, Judge Kaye and the New York Court of Appeals nevertheless found that specific performance was unavailable.
The web site for Van Wagner Outdoor advertising is here.