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

Appellate Terms of the Supreme Court of New York·Decided December 1, 1960·Published·Cited by 1 cases

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] The 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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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] The 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.

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).

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Opinion

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