Rio Energy International v. J. Aron Co.

Full title: RIO ENERGY INTERNATIONAL, INC., Appellant, v. J. ARON COMPANY et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 25, 1997

244 A.D.2d 295 (N.Y. App. Div. 1997)

664 N.Y.S.2d 306

Opinion

November 25, 1997

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).

Plaintiff's claim for attorneys' fees was properly rejected on the ground that under the "Non-Performance" clause of the subject contract, recovery of attorneys' fees is limited to plaintiff's exercise of the remedy of liquidation and set-off, a remedy not exercised by plaintiffs, who instead opted to sue for breach of contract.

Concur — Milonas, J. P., Rosenberger, Rubin, Williams and Colabella, JJ.