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135 E. 57TH v. DAFFY'S INC.

101857/10, 5756.

91 A.D.3d 1 (2011)

934 N.Y.S.2d 112

2011 NY Slip Op 8497

135 EAST 57TH STREET LLC, Appellant, v. DAFFY'S INC., Respondent.

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

Decided November 22, 2011.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York City ( Jeffrey Turkel , Warren A. Estis and Lori A. Nott of counsel), for appellant.

Marcus Rosenberg & Diamond LLP, New York City ( David Rosenberg and Rachelle Rosenberg of counsel), for respondent.

FRIEDMAN, MOSKOWITZ, FREEDMAN and RICHTER, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

The law generally exacts a high price for failure to comply with the precise language of a contract (see e.g. Vermont Teddy Bear Co. v 538 Madison Realty Co., 1 N.Y.3d 470 [2004]). But, in some situations, principles of equity have softened the often harsh results of common-law rules of strict contract construction. These equitable principles...

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