FOCUS ON SPORTS INC. v. NEWSWEEK INC.


158 A.D.2d 351 (1990)

Focus On Sports Inc., Appellant, v. Newsweek Inc., Respondent

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

February 13, 1990


Plaintiff, a photographic stock house, delivered color slide transparencies to defendant in response to photo subject requests submitted by telephone. Each delivery was accompanied by plaintiff's standard delivery memo, which included a "holding fee" in the nature of a liquidated damage provision stating that the holding of any transparencies beyond 14 days would subject the customer to a fee of $5 per week per color slide. The...

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