Sokoloff (plaintiff) hired Harriman Estates Development Corporation (Harriman) (defendant) to assist in the design and construction of Sokoloff’s house. As part of the contract, Sokoloff provided specific architectural plans that Sokoloff had designed. Harriman later declined to permit Sokoloff to build the house with those designs. Sokoloff brought suit for specific performance. Harriman filed a motion to dismiss for failure to state a claim. Sokoloff argued that the architectural plans for the house were unique, making the claim for specific performance appropriate.