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City of New York v. Freedas

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1971
36 A.D.2d 534 (N.Y. App. Div. 1971)

Opinion

January 25, 1971


In an action by a vendor under two sales of real property by public auction, with written memoranda and terms of sale, plaintiff appeals from a judgment of the Supreme Court, Kings County, entered September 16, 1969, in favor of defendant after a nonjury trial. Judgment reversed, on the law and the facts, with costs, and judgment granted in favor of plaintiff against defendant in the amount of $21,600. In our opinion, the contractual provision that the defaulting purchaser shall be liable for any deficiency which might result from a resale established the measure of damages. That measure of damages is not shocking to moral sense or grossly disproportionate to the probable injury or damage arising from the breach and is not penal in nature. Nor did the reservation of a right of cancellation deprive the contracts of mutuality of obligation and render them unenforceable (cf. City of New York v. Union News Co., 222 N.Y. 263; Min-Lee Assoc. v. City of New York, 28 A.D.2d 553; see McCall Co. v. Wright, 133 App. Div. 62, 68, affd. 198 N.Y. 143; Realty Adv. Supply Co. v. Englebert Tyre Co., 89 Misc. 371). Rabin, P.J., Shapiro, Christ and Benjamin, JJ., concur.


Summaries of

City of New York v. Freedas

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1971
36 A.D.2d 534 (N.Y. App. Div. 1971)
Case details for

City of New York v. Freedas

Case Details

Full title:CITY OF NEW YORK, Appellant, v. HANNAH FREEDAS, Also Known as HANNAH…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 25, 1971

Citations

36 A.D.2d 534 (N.Y. App. Div. 1971)

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