G3-PURVES v. THOMSON PURVES

2011-03719, 2011-03727.

101 A.D.3d 37 (2012)

953 N.Y.S.2d 109

2012 NY Slip Op 6919

G3-PURVES STREET, LLC, Respondent, v. THOMSON PURVES, LLC, et al., Defendants, and BARUCH SINGER et al., Appellants.

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

October 17, 2012.


Attorney(s) appearing for the Case

Sukenik, Segal & Graff, P.C., New York City ( David C. Segal of counsel), for appellants.

Greenberg Traurig, LLP, New York City ( Steven Sinatra and Daniel R. Milstein of counsel), for respondent.

BELEN, ROMAN and SGROI, JJ., concur.


OPINION OF THE COURT

FLORIO, J.P.

On these appeals, we are called upon to determine whether a provision of the guaranty at issue, which allowed for full recourse liability against the guarantors upon the happening of a "springing recourse event" under the attendant loan agreement, is, in effect, a liquidated damages provision which imposes an unenforceable penalty. Viewing the unambiguous terms of the loan and guaranty under existing jurisprudence, we hold...

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