Legal Opinion

Federal Realty Ltd. Partnership v. Choices Women's Medical Center, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 24, 2001PublishedCited by 20 opinions

1Opinion of the Court

In an action to recover damages for breach of two commercial leases, the plaintiff appeals from an order of the Supreme Court, Queens County (Berke, J.), dated June 16, *4402000, which, upon finding, as a matter of law, that the plaintiff could only recover liquidated damages pursuant to paragraph 44 (b) of the subject leases on its first and fourth causes of action, granted the defendant’s motion for partial summary judgment dismissing the second, third, fifth, and sixth causes of action, and denied its cross motion for summary judgment dismissing the defendant’s first, second, and third…

2Cases cited8 opinions

  1. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  2. Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
  3. X.L.O. Concrete Corp. v. John T. Brady & Co.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Sforza v. Health Insurance Plan of Greater New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  5. X.L.O. Concrete Corp. v. Brady & Co.New York Court of Appeals · 1985

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3Cited by20 opinions

  1. Wechsler v. Hunt Health Systems, Ltd.District Court, S.D. New York · 2004
  2. United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
  3. Deer Park Enterprises, LLC v. Ail Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  4. 136 Field Point Circle Holding Co. v. Invar International Holding, Inc.Court of Appeals for the Second Circuit · 2016
  5. Hanover Direct, Inc. v. T.R. Acquisition Corp. (In Re T.R. Acquisition Corp.)District Court, S.D. New York · 2003

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