Adam Leitman Bailey and Dov Treiman An Unsettling Decision for Liquidated Damages in Settlement Agreements
Adam Leitman Bailey and Dov Treiman discuss the Court of Appeals decision "Trustees of Columbia v. D'Agostino," where the court handed down a 4-3 decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. The case, they contend, "rewrites the rules of when a tenant simply gives up on the space."
February 16, 2021 at 11:20 AM
12 minute read
In November, 2020, the Court of Appeals handed down a 4-3 decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. Trustees of Columbia v. D'Agostino, —N.E.3d—, 2020 WL 6875988, 2020 N.Y. Slip Op. 06937 rewrites the rules of when a tenant simply gives up on the space.
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