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Landlord & Tenant Law
Liquidated Damages Clause Might Constitute Unenforceable Penalty
Elk 33 East 33rd LLC v. Sticky's Corporate LLC 2024 WL 2925641 AppDiv, First Dept. (memorandum opinion)
In landlord's action to collect on the lease, the corporate guaranty, and the good guy guaranty, tenant appealed from Supreme Court's grant of summary judgment to landlord. The Appellate Division remanded for a determination whether the lease's liquidated damages provision constituted an unenforceable penalty, but otherwise affirmed.
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