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ADDRESSING SYSTEMS AND PRODUCTS, INC. v. FRIEDMAN

59 A.D.3d 359 (2009)

___ N.Y.S.2d ___

ADDRESSING SYSTEMS AND PRODUCTS, INC., et al., Appellants, v. GEORGE FRIEDMAN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 26, 2009.

Plaintiffs, in challenging the liquidated damages provisions on the grounds that they constituted unenforceable penalties, did not meet their burden to show either that the damages flowing from a violation of the parties' mutual noncompete agreement were readily ascertainable at the time that the agreement was entered into, or that the liquidated damages amount provided for in the agreement was conspicuously disproportionate to the foreseeable losses (see JMD Holding Corp...

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