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Contracts Keyed to Epstein
Reed Foundation, Inc. v. Franklin D. Roosevelt Four Freedoms Park, LLC
Citation:37 Misc.3d 1226(A), 964 N.Y.S.2d 62 (2012)
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- 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.
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- 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:
The Park was designed in the 1970s by the late architect Louis I. Kahn. In 2010, the Foundation contracted to provide the Grant, an express purpose of which was to support Phase One of construction of the Park. The Grant enabled the LLC to secure public funding from New York State. Under the Grant Agreement, Phase One of the construction of the Park must include the construction of the Threshold no later than December 31, 2011 and that the construction will include the carving of and other display of the Threshold Recognition Text, which is an excerpt of a speech by FDR entitled the Four Freedoms Speech. Just over two weeks before the Park’s dedication, the LLC advised the Foundation that the LLC will not perform because “our architects and consultants have told us” that including the Threshold Recognition Text on the Threshold was not the best aesthetic. The Foundation sought to invoke its right to specific performance.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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