Practice point: Avoiding liquated damages requires a showing that the amount fixed is plainly or grossly disproportionate to the probable loss.
Students should note that the proper measure of the damages for trespass is the gain the trespasser has derived from its wrongful conduct.
Moskowitz v. Pavarini McGovern LLC , NY Slip Op 02787 (1st Dept. 2011 ).
Monday's issue is bed bugs.