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The Symphony Space, Inc. v. Pergola Properties, Inc.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Broadwest Realty Corporation (“Broadwest”) was the owner of three adjacent buildings located in New York. One of the buildings had a space designated as a theater. Because Broadwest was not able to find a permanent tenant for this building, Broadwestdeemed it to be a loss. Later, in 1978, Broadwest sold the building with the theater area to The Symphony Space, Inc. (“Plaintiff”) $10,010, which was below the market value.Plaintiff leased the non-theater portion of the building back to Broadwest for $1 each year in exchange for the building. Also, Broadwest paid Plaintiff $10 to create an option for Broadwest to repurchase the building. Under the repurchase option, Broadwest had the right to exercise the repurchase so long as the closing took place during a specific time frame, which included 2003. Thereafter, Broadwest transferred it interests in the all three adjacent properties to Pergola Properties, Inc. (“Defendant”) and others as tenants in common. In 1987, Defendant presented its intent to exercise the repurchased option to the Symphony Space building. Plaintiff instigated this action requesting the court to declare the repurchase option void under New York’s statute, which forbid remote vesting. The trial court held for Plaintiff, and the intermediate appeals court affirmed. The intermediate court certified the question to the appellate court.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.