HARVEST TOWN VILLAGE VESTAVIA HILLS LLC v. TVILLAGE TULSA LP

12286, 650146/13

116 A.D.3d 599 (2014)

984 N.Y.S.2d 346

2014 NY Slip Op 2719

HARVEST TOWN VILLAGE VESTAVIA HILLS LLC et al., Appellants, v. TVILLAGE TULSA LP et al., Respondents, et al., Nominal Defendant.

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

Decided April 22, 2014.


Plaintiffs moved to dismiss the first counterclaim, which alleges breach of contract and seeks consequential damages, on the basis of the liquidated damages provision of the parties' purchase agreement limiting defendants' remedy for breach or repudiation of the agreement to retention of the deposit. However, the counterclaim, as supplemented by an affidavit, spreadsheets and income statements, is sufficient to state a cause of action for willful breach, i.e. that plaintiffs...

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