Court of Appeals of New York
JFK Holding Company LLC v. City of New York, 196
Plaintiffs' complaint for damages arising out of its claim that premises leased to defendant were returned in bad condition after the lease was terminated, is barred by the plain language of the lease, where: 1) since plaintiffs have not sufficiently alleged that defendant breached the "commercially reasonable efforts" clause in Paragraph 31 of the Lease, the limitation of liability in the same paragraph bars this action; and 2) plaintiffs accepted the proffered $10 million dollar termination fee.
Appellate Information
- Decided 11/14/2013
- Published 11/14/2013
Judges
- SMITH
Court
- Court of Appeals of New York