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GRYNBERG v. ADVANCE NANOTECH, INC.

3819, 602058/07.

79 A.D.3d 480 (2010)

912 N.Y.S.2d 205

JACK J. GRYNBERG et al., Appellants, v. ADVANCE NANOTECH, INC., et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 7, 2010.

Contrary to plaintiffs' contention, the subject liquidated damages clause provides the exclusive remedy for breach of the provision requiring defendants to register certain shares with the Securities and Exchange Commission within 60 days (see Truck Rent-A-Ctr. v Puritan Farms 2nd, 41 N.Y.2d 420, 423-424 [1977]; X.L.O. Concrete Corp. v Brady & Co., 104 A.D.2d 181, 184-185 ...

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