BARNETT v. STAR MECH.


171 A.D.2d 142 (1991)

James R. Barnett, Respondent-Appellant, v. Star Mechanical Corporation et al., Appellants-Respondents

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

October 17, 1991


Attorney(s) appearing for the Case

Robert A. Ladanyi for appellants-respondents.

Oppenheim & Meltzer (Stephen L. Oppenheim of counsel), for respondent-appellant.

MIKOLL, YESAWICH, JR., LEVINE and CREW III, JJ., concur.


CASEY, J. P.

Defendants contend that Supreme Court erred in awarding plaintiff specific performance of a contract wherein defendant Star Mechanical Corporation agreed to sell certain real property to plaintiff. According to defendants, the existence of a liquidated damages clause in the contract precluded plaintiff from seeking specific performance. The clause at issue provides that: "In the event that the seller...

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