Legal Opinion
J. D'Addario & Co. v. Embassy Industries, Inc.
New York Court of Appeals
Decided November 19, 2012PublishedCited by 68 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
At issue in this appeal is whether the parties’ contract language specifying that the seller’s “sole remedy” was liquidated *116damages and the seller had “no further rights” against the defaulting purchaser, trumps language in CPLR 5001 (a) directing that statutory interest be awarded in a contract dispute. The terms of the contract are controlling here, and thereunder, we hold that defendant Embassy Industries is not entitled to statutory interest.
By real estate contract dated January 13, 2006, defendant Embassy Industries, Inc. (Embassy) agreed to sell…
2Cases cited7 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Love v. State of New YorkNew York Court of Appeals · 1991
- Town of Orangetown v. MageeNew York Court of Appeals · 1996
- NML Capital v. Republic of ArgentinaNew York Court of Appeals · 2011
- Spodek v. Park Property Development AssociatesNew York Court of Appeals · 2001
2 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Paul M. Ellington v. EMI Music, Inc.New York Court of Appeals · 2014
- Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc.Court for the Trial of Impeachments and Correction of Errors · 2017
- Quadrant Structured Products Co. v. VertinNew York Court of Appeals · 2014
- ExxonMobil Oil Corporation v. TIG Insurance CompanyCourt of Appeals for the Second Circuit · 2022
- Wilder v. World of Boxing LLCDistrict Court, S.D. Illinois · 2018
63 more not listed; retrieve them via the Exa API.