TRUSTEES v. D'AGOSTINO INC.

No. 40.

36 N.Y.3d 69 (2020)

162 N.E.3d 727

138 N.Y.S.3d 498

2020 NY Slip Op 06937

THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Appellant, v. D'AGOSTINO SUPERMARKETS, INC., Respondent.

Court of Appeals of New York.

Decided November 24, 2020.


Attorney(s) appearing for the Case

Rivkin Radler LLP, New York City ( Evan H. Krinick , David M. Grill , David E. Richman , Brian L. Bank and Henry Mascia of counsel), for appellants.

D'Agostino, Levine, Landesman, Lederman, Rivera & Sampson, LLP, New York City ( Bruce H. Lederman , Eric R. Garcia and Christopher M. Tarnok of counsel), for respondents.


OPINION OF THE COURT

This appeal requires that we consider the propriety of a liquidated damages provision in a surrender agreement between two New York City icons: Columbia University, one of the City's premier universities, and D'Agostino Supermarkets, a family-owned food market...

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