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· 11/21/1985

Robb v. McIntosh

Citations

  • 115 A.D.2d 167
  • 495 N.Y.S.2d 925
  • 1985 N.Y. App. Div. LEXIS 54423

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • If the amount fixed is plainly or grossly disproportionate to the probable loss, the provision calls for a penalty and will not be enforced
  • where liquidated damages provision is deemed a penalty, “plaintiffs should be afforded the opportunity to present evidence, if any, of actual damages”
  • double the fixed minimum rent unreasonable liquidated damages in commercial lease

Source: CourtListener parenthetical corpus (CC0).

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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.