Sutton Madison, Inc. v. 27 East 65th Street Owners Corp.

*91Judgment, Supreme Court, New York County (Jane Solomon, J.), entered February 26, 2004, after a hearing, in favor of defendant residential ground lessee on its counterclaim for specific performance compelling plaintiff commercial ground lessee to execute a certain mortgage commitment obtained by defendant, and bringing up for review (1) an order, same court (Eileen Bransten, J), entered December 19, 2003, which, upon defendant’s motion for summary judgment on its counterclaim, determined that the liquidated damages clause in the parties’ agreement is not defendant’s exclusive remedy for…