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Appellate Terms of the Supreme Court of New York, 1960

Muzak Corp. v. Trattner

Muzak Corp. v. Trattner
Appellate Terms of the Supreme Court of New York · Decided December 1, 1960
28 Misc. 2d 504; 208 N.Y.S.2d 139; 1960 N.Y. Misc. LEXIS 2111

Counsel

Sidney Schütz and Edward J. McGullen for appellant. Jacob F. Gottesman for respondent.

Muzak Corp. v. Trattner

Opinion of the Court

Per Curiam.

The contract provided for liquidated damages in the event defendant cancelled the agreement at the end of any yearly period. The provision for liquidated damages did not constitute a penalty. Its effect is to compensate plaintiff for permitting defendant to terminate his contractual obligations (McCready v. Lindenborn, 172 N. Y. 400 ; Norris v. McMechen, 135 Misc. 361 ; Silver Dresses, v. Parker, 73 N. Y. S. 2d 704).

*505The judgment should be modified by increasing the recovery to $430.83, with interest and costs, and as modified affirmed, with $25 costs to plaintiff.

Concur — Hecht, J. P., Steuer and Timer, JJ.

Judgment modified, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.