Opinion
June 22, 1990
Appeal from the Supreme Court, Monroe County, Galloway, J.
Present — Callahan, J.P., Doerr, Green, Balio and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: The court properly granted the defendant's cross motion for summary judgment and properly denied plaintiff's motion for summary judgment. Plaintiff failed to establish that it suffered any damages from defendant's alleged breach of the employment agreement; therefore, the liquidated damages clause is punitive, unconscionable and unenforceable (see, Truck Rent-A-Center v. Puritan Farms 2nd, 41 N.Y.2d 420, 424-425; cf., Viaggio Sons v. City of New York, 114 A.D.2d 939).