§Why CasetextPricing

172 Van Duzer Realty Corp., Respondent,v.Globe Alumni Student Assistance Association, Inc., et al., Appellants.

Brief

42 Cited authorities

  1. Holy Props. v. Cole Prods

    87 N.Y.2d 130 (N.Y. 1995)   Cited 237 times
    Holding tenant liable for all monetary obligations arising under the lease, where the lease expressly provided that landlord was under no duty to mitigate damages upon defendant's abandonment of the premises or eviction

  2. Truck Rent-A-Center v. Puritan

    41 N.Y.2d 420 (N.Y. 1977)   Cited 369 times   1 Legal Analyses
    Upholding a liquidated damages clause that was a reasonable forecast of damages

  3. Crown IT Services, Inc. v. Koval-Olsen

    11 A.D.3d 263 (N.Y. App. Div. 2004)   Cited 125 times   4 Legal Analyses
    Finding a restrictive covenant reasonable in time and area; it prohibited defendant from servicing plaintiff's clients for one year in same area where prior service was provided

  4. Fifty States v. Pioneer Auto

    46 N.Y.2d 573 (N.Y. 1979)   Cited 174 times   1 Legal Analyses
    Determining that "failing to tender payment of two monthly rental payments or even offering to cure the default" rendered the tenant in "willful breach of a material term of the lease"

  5. Long Is. R.R. v. Northville

    41 N.Y.2d 455 (N.Y. 1977)   Cited 158 times
    Discussing anticipatory repudiation of a bilateral contract

  6. Delvecchio v. Bayside Chrysler Plymouth Jeep

    271 A.D.2d 636 (N.Y. App. Div. 2000)   Cited 81 times
    In Delvecchio, "the party must set forth a reasonable justification for the failure to present such facts in the prior motion."

  7. NPS, LLC v. Minihane

    451 Mass. 417 (Mass. 2008)   Cited 47 times   2 Legal Analyses
    Holding liquidated damages clause requiring the purchaser of the license to pay, upon default, the amounts due for the entire remaining lease was enforceable against a holder of a ten-year lease for two luxury seats for New England Patriot professional football games at Gillette Stadium

  8. Bates Advertising USA, Inc. v. 498 Seventh, LLC

    7 N.Y.3d 115 (N.Y. 2006)   Cited 49 times
    Rejecting landlord's contention that liquidated damages clause unenforceable where lessee's attorney testified that "the clause was intended to `incentivize' the landlord, and to provide a `club over his head to make sure he gets the work done"

  9. XCO International Inc. v. Pacific Scientific Co.

    369 F.3d 998 (7th Cir. 2004)   Cited 51 times
    Upholding denial of sanctions without discussion of timeliness

  10. Gallery at Fulton Street, LLC v. Wendnew LLC

    30 A.D.3d 221 (N.Y. App. Div. 2006)   Cited 36 times

    8773, 8774. June 13, 2006. Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered April 19, 2005, awarding plaintiff the principal sum of $100,000, unanimously modified, on the law, the Special Referee's report confirmed with respect to his recommendation for an increased damage award of $514,039.97 for rent arrears from August 2001 through April 2004, and otherwise affirmed, without costs. Appeal from order, same court and Justice, entered March 22, 2005, which remitted the matter

  11. Section 1951.2 - Recovery by lessor upon breach of lease and abandonment of property by lessee

    Cal. Civ. Code § 1951.2   Cited 109 times   1 Legal Analyses
    Specifying the damages available to a landlord upon the tenant's abandonment of a lease before the end of its term

  12. Section 735 ILCS 5/9-213.1 - Duty of landlord to mitigate damages

    735 ILCS 5/9-213.1   Cited 42 times
    Providing that "a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee"

  13. Section 204 - Summary proceedings

    N.Y. Uniform Dist. Ct. Act § 204   Cited 5 times

    The court shall have jurisdiction of summary proceedings to recover possession of real property located in whole or in part within a district of the court in the county, to remove tenants therefrom, and to render judgment for rent due without regard to amount. Except as otherwise prohibited pursuant to subdivision three of section seven hundred ninety-seven of the real property actions and proceedings law, the court shall have jurisdiction of summary proceedings commenced under article seven-D of