(concurring). I concur in the result because in my opinion the provision for liquidated damages must be treated as one for a penalty only. See Fleischer v. Friob, 97 Misc. Rep. 343; affd., 177 App. Div. 921.
Judgment reversed, with costs.
(concurring). I concur in the result because in my opinion the provision for liquidated damages must be treated as one for a penalty only. See Fleischer v. Friob, 97 Misc. Rep. 343; affd., 177 App. Div. 921.
Judgment reversed, with costs.