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ROME GAS, INC. v. FASTRAC PROPERTIES I, LLC

508 CA 20-01490.

196 A.D.3d 1159 (2021)

147 N.Y.S.3d 923

2021 NY Slip Op 04451

Rome Gas, Inc., Appellant, v. Fastrac Properties I, LLC, Respondent.

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

Decided July 16, 2021.

Attorney(s) appearing for the Case

CALLI, CALLI AND CULLY, UTICA, D.J. & J.A. CIRANDO, PLLC, SYRACUSE ( JOHN A. CIRANDO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BOND, SCHOENECK & KING, PLLC, SYRACUSE ( BRIAN J. BUTLER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking specific performance and monetary damages arising from defendant's alleged breach of a real estate purchase agreement (REPA). The REPA contained a liquidated damages provision, which stated in part: "In the event the Agreement is not closed due to the fault of the Seller [i.e., defendant], the money paid in escrow shall be...

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