CITY OF NEW YORK v. FREEDAS


36 A.D.2d 534 (1971)

City of New York, Appellant, v. Hannah Freedas, Also Known as Hannah Kurtz, Respondent

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

January 25, 1971


Judgment reversed, on the law and the facts, with costs, and judgment granted in favor of plaintiff against defendant in the amount of $21,600.

In our opinion, the contractual provision that the defaulting purchaser shall be liable for any deficiency which might result from a resale established the measure of damages. That measure of damages is not shocking to moral sense or grossly disproportionate to the probable injury or damage arising from the breach and is not...

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