New York Court of Appeals

Leon Da Silva v. Antonio Musso

October 20, 198153 N.Y.2d 543

Summary

The New York Court of Appeals reversed the Appellate Division and reinstated the trial court’s judgment of specific performance, holding that the binder was a valid contract and that the defendants' unilateral mistake did not bar enforcement absent hardship. The Court found no statutory‑frauds defense, no fraud, and no sufficient hardship to deny specific performance, and it rejected rescission as an improper remedy.