Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.