Legal Opinion
Reade v. Stoneybrook Realty, LLC
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 2009PublishedCited by 7 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Rolando T. Acosta, J), entered June 14, 2007, declaring, inter alia, plaintiff tenant entitled to a rent abatement and awarding it attorneys’ *434fees, unanimously modified, on the law, the award of attorneys’ fees vacated, the rent abatement reduced by eliminating the period during which the temporary restraining order was in effect, and otherwise affirmed, without costs.
The rent abatement clause in the lease between these sophisticated parties was an enforceable liquidated damages provision and not a penalty, since it compensated the tenant, which was…
2Cases cited4 opinions
- JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
- Kel Kim Corp. v. Central Markets, Inc.New York Court of Appeals · 1987
- Bates Advertising USA, Inc. v. 498 Seventh, LLCNew York Court of Appeals · 2006
- Gracie Tower Realty Associates v. Danos Floral Co.Civil Court of the City of New York · 1989
3Cited by7 opinions
- Kyocera Corp. v. Hemlock Semiconductor, LLCMichigan Court of Appeals · 2015
- Casamento v. JuareguiAppellate Division of the Supreme Court of the State of New York · 2011
- In re Cablevision Consumer LitigationDistrict Court, E.D. New York · 2012
- Burnside 711, LLC v. Nassau Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Castor Petroleum Ltd. v. Petroterminal De Panama, S.A.Appellate Division of the Supreme Court of the State of New York · 2013
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