HOBOKEN NEW JERSEY HUDSON COUNTY DIVORCE ATTORNEY WEDDING CONTRACTS

The bride sought an order directing defendant owner to perform its contractual obligation arising out of an agreement to hold her wedding at defendant's penthouse. Defendant alleged it was entitled to cancel the contract as the use of the premises for a wedding violated zoning regulations. The court stated violation of a statute did not necessarily render an agreement unenforceable. Defendant was aware the use of the premises for the purposes of a wedding may violate zoning regulations, yet this knowledge did not prevent it from entering into a contract with plaintiff. The court found the alleged violation was malum prohibitum, not malum in se, thus found the contract enforceable. Specific performance was appropriate when money damages would be inadequate, and would not impose a disproportionate burden on the breaching party. Hence, the court granted plaintiff's motion directing defendant to perform its agreement with plaintiff under the contract.    Barry v. Dandy LLC, New York County; September 5, 2007