· 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).
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.