Prime Income Asset Management, Inc. v. American Real Estate Holdings L.P.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Supreme Court properly determined that plaintiffs failed to *551raise an issue of fact regarding defendants’ alleged waiver of their entitlement to the liquidated damages set forth in section 12 (b) of the contract. Even if, as plaintiffs contend, the letter dated June 15, 2005 could rise to the level of a waiver of defendants’ contractual right to seek liquidated damages, or constitute a written amendment to the contract vitiating defendants’ right to seek the liquidated damages, the satisfaction of the condition set forth in section 12 (b) (iii) occurred on April 18, 2005, two months earlier.…
2Cases cited6 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- People v. EvansNew York Court of Appeals · 2000
- Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.New York Court of Appeals · 2006
- Sobin v. TylutkiAppellate Division of the Supreme Court of the State of New York · 2009
- McCoy v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
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- Ramos v. NapoliAppellate Division of the Supreme Court of the State of New York · 2012
- 70th Street Apartments Corp. v. Phoenix Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
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