Ames Linen Service v. Katz

Appeal from an order of the Supreme Court (Mulvey, J.), entered September 29, 2003 in Tompkins County, which, inter alia, granted plaintiffs cross motion for summary judgment.

Plaintiff contracted with defendant in August 2000 to launder and supply, on a weekly basis, 30 bar mops, 75 red bib aprons and two floor mats. The contract contained a liquidated damages clause by which defendant acknowledged that due to the nature of plaintiffs business, damages caused by defendant’s premature termination of the contract would be “difficult, if not impossible to determine.” The parties, therefore,…