Leyenson v. Lindenbaum

1 Citing case

  1. Days Inns Worldwide v. Mandir, Inc.

    393 F. Supp. 2d 1240 (W.D. Okla. 2005)   Cited 4 times
    Asserting that a "liquidated damages provision in a contract will be considered a penalty, and therefore unenforceable, if the amount provided for in the provision is 'manifestly disproportionate' to the amount of actual damages suffered."

    Under New York law, "[t]he construction of a contract of guaranty is governed by the same rules as any other contract." Leyenson v. Lindenbaum, 158 N.Y.S. 355, 356 (N.Y.App. Term 1916). Thus, the Guaranty should be "interpreted so as to give effect to the intention of the parties as expressed in the unequivocal language they have employed."