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ARKER COMPANIES v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION

47 A.D.3d 739 (2008)

849 N.Y.S.2d 660

ARKER COMPANIES et al., Appellants, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, et al., Respondents.

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

Decided January 22, 2008.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

"Parties to a contract for the sale of real property may agree, as they did here, to restrict the liability resulting from a breach, or may agree that no damages will be payable at all once the status quo ante has been restored" (Emptage & Assoc., Inc. v Cape Hampton, LLC, 19 A.D...

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