Legal Opinion

B-Sharp Musical Productions, Inc. v. Haber

Appellate Terms of the Supreme Court of New York

Decided February 19, 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order, dated July 16, 2009, modified to grant that branch of defendants’ cross motion seeking dismissal of the complaint as against defendant Jill S. Haber, and as so modified, affirmed, without costs.

Plaintiff and defendant James Haber entered into a contract pursuant to which plaintiff agreed to provide a designated 16-piece band on a specified date to perform at Mr. Haber’s son’s bar mitzvah. Mr. Haber was to pay approximately $30,000 for the band’s services. The contract contained a liquidated damages clause stating, in pertinent part,

“If [the contract] is terminated…

3Cases cited8 opinions

  1. Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
  2. JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
  3. Gulf Insurance v. KanenAppellate Division of the Supreme Court of the State of New York · 2004
  4. Tsadilas v. Providian National BankAppellate Division of the Supreme Court of the State of New York · 2004
  5. Pledge v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1999

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4Cited by1 opinion

  1. Marine v. MacreadyDistrict Court, E.D. New York · 2011

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