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· 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).

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.