Appellate Division:

Liquidated Damage Provision Unenforceable As Unreasonable And Confiscatory

Challenging Columbia University’s enforcement of a liquidated damage provision in a surrender agreement resulting in an award 7 ½ times the amount that would have been due under the surrender agreement.

The Trustees of Columbia University in the City of New York v D’Agostino Supermarkets, Inc., __ AD3d __, 2019 NY Slip Op 00551 [1st Dept 2019]