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Reed Foundation, Inc. v. Franklin D. Roosevelt Four Freedoms Park, LLC

Supreme Court of New York
964 N.Y.S.2d 62 (N.Y. Sup. 2012)


Facts

The Reed Foundation, Inc. (Foundation) (plaintiff) contracted to provide a grant to Franklin D. Roosevelt Four Freedoms Park, LLC (LLC) (defendant), for the purpose of developing the FDR Four Freedoms Park (Park). The grant was governed by a series of contracts, one of which provided that the LLC would carve certain text in the Park that recognized and honored the Foundation. The contract provided that if the LLC breached the contract, the Foundation would be entitled to specific performance. The text was not carved by the date set forth for performance in the contract. The LLC cited aesthetic concerns as the reason and sought to refund the grant money instead. The Foundation brought suit for specific performance.

Rule of Law

Issue

Holding and Reasoning (Ramos, J.)

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