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FREIDUS v. TODEM HOMES, INC.

56 N.Y.2d 526 (1982)

Ella Freidus, Appellant, v. Todem Homes, Inc., Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided March 23, 1982.

Attorney(s) appearing for the Case

John M. Armentano, Samuel S. Tripp and Edward I. Penson for appellant.

Jesse Rothman and Robert Kruger for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge MEYER taking no part.

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...

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