This section contains the nature of the case and procedural background.

P sued for specific performance of a written contract between P and Gilbert (D) for the sale of 330 shares of stock of 791 Park Avenue Corp (D1), and the assignment of a lease on an apartment at 791 Park Avenue. The contract was subject to approval by D1. That approval was not obtained. D alleged impossibility. The lower court did not issue a requested injunction pendente lite restraining the assignment of the lease and the sale of the corporate stock to others. P appealed and got the Appellate Division to issue the injunction. This appeal resulted.

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