VERNITRON CORP. v. CF 48 ASSOCS.


104 A.D.2d 409 (1984)

Vernitron Corporation, Appellant, v. CF 48 Associates et al., Respondents

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

August 13, 1984


Order reversed insofar as appealed from, on the law, with costs, and plaintiff's motion for partial summary judgment dismissing the fourth counterclaim granted.

The issue of whether defendants' fourth counterclaim seeking liquidated damages pursuant to article 40 of the subject lease constitutes a penalty presents a question of law and thus was an appropriate matter for disposition on a motion for partial summary judgment. Accordingly, Special Term erred in not ruling...

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