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HOLTHAM v. LUCAS

DOCKET NO. A-3073-17T1.

214 A.3d 1226 (2019)

460 N.J. Super. 308

Frank HOLTHAM, Jr., Plaintiff-Appellant, v. Katherine LUCAS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 2019.

Attorney(s) appearing for the Case

Ameri & Associates, LLC, attorneys for appellant ( Nima Ameri , Hackensack, of counsel; John J. Clark, IV , on the brief).

Respondent has not filed a brief.

Before Judges Ostrer, Currier and Mayer.

The opinion of the court was delivered by

According to well-settled contract law, a provision that stipulates an unreasonably large amount of damages for a future breach is an unenforceable penalty. Invoking that "penalty rule," plaintiff-husband Frank Holtham, Jr., challenges a provision in his marital settlement agreement...

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