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Nyc 245  Form

Nyc 245 Form

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number 40 trustees of columbia university versus dagostino supermarkets inc let's give council a moment to exit the courtroom okay [Applause] [Applause] morning good morning council may have reserved two three minutes for rebuttal please three minutes did you say yes sir made please the court my name is evan krinic and i'm here today on behalf of columbia university columbia is entitled to the benefit of its bargain for three separate reasons first this is an agreement negotiated by sophisticated parties represented by council well i think the real question is whether or not the damages that you came up with are a penalty well here's why given excuse me given that the focus is the breach of the surrender agreement the lease no longer exists that's been terminated the lease has been terminated but certain of its terms survived in this in the settlement or surrender agreement but here's why it's not a penalty a penalty requires proof of one

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