Court Rules Settlement Agreement Remedy Unenforceable

March 9, 2021

By: Michael N. Samuels, Robert D. Lillienstein, Richard E. Strauss, and Corey Rashkover

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On Nov. 24, 2020, the New York State Court of Appeals issued its decision in Trustees of Columbia Univ. in the City of N.Y. v. D’Agostino Supermarkets, where it found unenforceable certain liquidated damages for breach of a settlement agreement.

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