Muzak Corp. v. Trattner

Appellate Terms of the Supreme Court of New York

Muzak Corp. v. Trattner

28 Misc. 2d 504, 208 N.Y.S.2d 139, 1960 N.Y. Misc. LEXIS 2111

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 1, 1960

StatusPublished

Cited by1 cases

This text of 28 Misc. 2d 504 (Muzak Corp. v. Trattner) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Muzak Corp. v. Trattner, 28 Misc. 2d 504, 208 N.Y.S.2d 139, 1960 N.Y. Misc. LEXIS 2111 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The contract provided for liquidated damages in the event defendant cancelled the agreement at the end of any yearly period. The provision for liquidated damages did not constitute a penalty. Its effect is to compensate plaintiff for permitting defendant to terminate his contractual obligations (McCready v. Lindenborn, 172 N. Y. 400 ; Norris v. McMechen, 135 Misc. 361 ; Silver Dresses, v. Parker, 73 N. Y. S. 2d 704).

[505]*505The judgment should be modified by increasing the recovery to $430.83, with interest and costs, and as modified affirmed, with $25 costs to plaintiff.

Concur — Hecht, J. P., Steuer and Timer, JJ.

Judgment modified, etc.

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