RUBINSTEIN v. RUBINSTEIN


28 A.D.2d 1121 (1967)

Henry Rubinstein, Appellant, v. Leo Rubinstein, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 30, 1967


Order entered July 10, 1967, denying plaintiff's cross motion for summary judgment decreeing specific performance of a written contract and adjudging that, upon payment by the defendant of the sum of $5,000 as liquidated damages, the contract would terminate and the parties be left in statu quo ante, affirmed, with $50 costs and disbursements to respondent.

Properly considered, clause Eight in the contract relating to the $5,000 was nothing more than an

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