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J. D'ADDARIO, INC. v. EMBASSY

No. 192.

20 N.Y.3d 113 (2012)

980 N.E.2d 940

957 N.Y.S.2d 275

2012 NY Slip Op 7850

J. D'ADDARIO & COMPANY, INC., Respondent, v. EMBASSY INDUSTRIES, INC., Appellant.

Court of Appeals of New York.

Decided November 19, 2012.

Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman, LLP, Garden City ( David I. Rosenberg and Anthony R. Filosa of counsel), for appellant.

Lamb & Barnosky, LLP, Melville ( Scott M. Karson and Michael F. Mullen of counsel), for respondent.

OPINION OF THE COURT

Chief Judge LIPPMAN.

At issue in this appeal is whether the parties' contract language specifying that the seller's "sole remedy" was liquidated damages and the seller had "no further rights" against the defaulting purchaser, trumps language in CPLR 5001 (a) directing that statutory interest be awarded in a contract dispute. The terms of the contract are controlling here, and thereunder, we...

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