AMES LINEN SERVICE v. KATZ


8 A.D.3d 945 (2004)

779 N.Y.S.2d 600

AMES LINEN SERVICE, a Division of CORTLAND LAUNDRY, INC., Respondent, v. GUS KATZ, Also Known as KONSTANTINOS KATSIROUMBAS, Doing Business as A-1 PIZZERIA, Appellant.

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

June 24, 2004.


Mugglin, J.

Plaintiff contracted with defendant in August 2000 to launder and supply, on a weekly basis, 30 bar mops, 75 red bib aprons and two floor mats. The contract contained a liquidated damages clause by which defendant acknowledged that due to the nature of plaintiff's business, damages caused by defendant's premature termination of the contract would be "difficult, if not impossible to determine." The parties, therefore, agreed that damages for defendant's...

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