¶1(concurring). I concur in the result because in my opinion the provision for liquidated damages must be treated as one for a penalty only. See Fleischer v. Friob, 97 Misc. Rep. 343; affd., 177 App. Div. 921.
¶2Judgment reversed, with costs.
100 Misc. 673
Kreiger v. Nusbaum
Appellate Terms of the Supreme Court of New York
Decided July 15, 1917
Appellate Terms of the Supreme Court of New York · decided 1917-07-15
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of The Bronx, second district, in favor of plaintiff, after a trial before a judge without a jury.
Decided 1917-07-15