· 3/16/2012
Inter-Community Memorial Hospital of Newfane, Inc. v. Hamilton Wharton Group, Inc.
Citations
- 93 A.D.3d 1176
- 941 N.Y.S.2d 360
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “In arriving at a stipulated sum as liquidated damages, there must be some attempt to proportion damages to the actual loss.”
- contract that provided for a fixed remedy, regardless of whether damages were negligible or large, was a penalty and was unenforceable
- obligation not to commingle survives purported repudiation of lease
Source: CourtListener parenthetical corpus (CC0).
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.