FIRST CALL FRIENDLY NOTE BUYERS, INC. v. McMENAMY


40 A.D.3d 1239 (2007)

837 N.Y.S.2d 363

FIRST CALL FRIENDLY NOTE BUYERS, INC., Appellant, v. NOEL McMENAMY, Respondent.

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

Decided May 10, 2007.


Peters, J.

In November 2005, the parties entered into a written contract whereby defendant agreed to sell a mortgage note, secured by property located in St. Lawrence County, to plaintiff for a purchase price of $135,124.67. The contract included a liquidated damages provision establishing damages in the event of a default by defendant in the amount of 10% of the purchase price, along with the costs of any resulting legal action and reasonable counsel fees. Thereafter...

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