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Summary Judgment Granted in Lawsuit to Recover Liquidated Damages

On December 22, 2021, Judge Arlene Bluth of the Supreme Court of the State of New York, County of New York granted Kane Kessler’s cross motion for summary judgment, awarding damages, costs, and attorney’s fees in a dispute between two Manhattan property owners over the enforceability of a liquidated damages provision.  The Court rejected defendant’s arguments challenging the enforceability of the liquidated damages provision, finding unpersuasive, among other things, defendant’s argument that actual damages were readily ascertainable.  The Court also found that defendant failed to show that the provision, which required defendant to pay $500 for each day of noncompliance, was grossly disproportionate.  In its Decision and Order, the Court awarded plaintiff the liquidated damages, plus pre-judgment interest, costs, and attorney’s fees.

The attorneys for the Firm who represented the plaintiff property owner were S. Reid Kahn and David A. Gold of the firm’s Litigation Department.  See 600 Broadway Partners LLC v. 598 Broadway Realty Associates, Inc., No. 653679/2020 (Sup. Ct. New York Cnty.) (Bluth, J.) (NYSCEF No. 106).


This memo is provided for informational purposes only. It is not intended as legal advice and readers should consult counsel to discuss how these matters relate to their individual circumstances.