Practice point: An enforceable liquidated damages clause is an estimate of the
extent of the injury that would be sustained as a result of breach of
the agreement, and embodies the principle of just compensation
for loss. Whether a clause is an enforceable liquidation of damages or an unenforceable penalty is a question of law, giving due consideration to the nature of the contract and the circumstances.
Case: 555 W. John St., LLC v. Westbury Jeep Chrysler Dodge, Inc., NY Slip Op 02769 (2d Dep't April 12, 2017)
Here is the decision.
Tomorrow's issue: Personal jurisdiction over a nondomiciliary.
