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INTERCO SYS., INC. v. GAGER

162 A.D.2d 1026 (1990)

Interco Systems, Inc., Appellant, v. Eric Gager, Respondent

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

June 22, 1990

Order unanimously affirmed with costs.

Memorandum:

The court properly granted the defendant's cross motion for summary judgment and properly denied plaintiff's motion for summary judgment. Plaintiff failed to establish that it suffered any damages from defendant's alleged breach of the employment agreement; therefore, the liquidated damages clause is punitive, unconscionable and unenforceable (see, Truck...

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