· 12/19/2014
172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Association, Inc.
Citations
- 24 N.Y.3d 528
- 25 N.E.3d 952
- 2 N.Y.S.3d 39
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the rule in Fifty States \addresses ... the inequities of damages disproportionate to the losses incurred as a result of a tenant's collateral or minor breach\
- explaining that the Fifty States rule \is inapplicable to defendants ... who commit[ ] material breaches of the lease by ceasing all rental payments ... and simultaneously abandoning the premises\
- remanding judgment enforcing liquidated damages clause for consideration of actual damages
- “Liquidated damages that constitute a penalty [] violate public policy, and are unenforceable.”
- ʺonce a tenant abandons the property prior to expiration of the lease, a landlord is within its rights under New York law to do nothing and collect the full rent due under the leaseʺ (alterations and internal quotation marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Rivera, Lippman, Read, Smith, Pigott, Abdus-Salaam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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