Morgan Servs., Inc. v. Lavan Corp., C/O Hotel Lafayette

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reducing the total damages awarded to $23,092.06 and, as so modified, should be affirmed, with costs to plaintiff.

The Appellate Division having affirmed the Trial Judge’s findings that both contracts were breached by defendant, that issue is beyond our review. On the principle of Truck Rent-A-Center v Puritan Farms 2nd (41 NY2d 420) we agree with the conclusion of both courts below that the provision for liquidated damages in the rental contract bore a reasonable relation to the amount of probable actual…