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Contracts Keyed to Dawson
Reed Foundation Inc. v. Franklin D. Roosevelt Four Freedoms Park LLC
Citation:108 A.D.3d 1, 964 N.Y.S.2d 152.
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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The Foundation agreed to give the LLC a $2.5 million grant to complete the Four Freedoms Park. Acquisition of the grant enabled the LLC to qualify for the public funding necessary to complete the Park. In exchange for the $2.5 million, the LLC agreed to carve Recognition Text (the Foundation and its founder’s names) at a specific location in the Park. The parties’ arrangement was governed by two agreements: the Grant Agreement and the Recognition Agreement. Specifically, under the default provision of the Recognition Agreement, the Foundation is entitled to specific performance in the event of the LLC’s breach. Once the Park was nearly completed, the LLC refused to engrave the Recognition Text citing aesthetic concerns and suggesting an alternate location on the opposite end of the park with other donor names. The Foundation brought suit seeking an order directing specific performance of the agreements.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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