Olcott Lakeside Development, Inc. v. Krueger

—Order unanimously reversed on the law without costs, cross motion denied, motion granted and judgment ordered in accordance with the following Memorandum: Defendant agreed to purchase a tównhouse owned by plaintiff. The agreement contained a liquidated damages provision whereby defendant agreed, in the event of a default, to pay 10% of the purchase price plus the contractually agreed upon price for extras, changes or modifications to be installed by plaintiff. Defendant defaulted and plaintiff commenced this action to enforce the liquidated damages provision.

Supreme Court erred in denying…