Quimbee logo
DMCA.com Protection Status

Rubinstein v. Rubinstein

23 N.Y.2d 293 (1968)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Rubinstein v. Rubinstein

New York Court of Appeals

23 N.Y.2d 293 (1968)

Facts

Henry Rubinstein (plaintiff) and Leo Rubinstein (defendant) were distant relatives that operated several joint enterprises together. Eventually Henry and Leo encountered differences and decided to part ways. Henry and Leo negotiated and developed an agreement to divide up the businesses. The two primary businesses operated a grocery store and a deli, respectively, and were valued at approximately $70,000. Under the agreement, Henry was entitled to choose one of the two businesses to take, and Leo would take the other one. The agreement provided that closing would take place within one week of Henry’s selection. The agreement also required Henry and Leo to each place $5,000 in escrow to pay for any required closing costs. The escrow amount was also stated to be forfeited as liquidated damages if a party failed to close the transaction. Henry sent a letter choosing the deli, but various disputes arose, and Leo refused to close on the transaction. Henry filed a lawsuit seeking specific performance. Leo, while represented by the same attorney who negotiated and drafted the agreement, filed an answer and counterclaim also seeking specific performance of the agreement. Leo later changed attorneys and strategies and asserted that the liquidated-damages reference in the escrow provision of the contract was an adequate remedy and was intended to be the exclusive remedy in the contract for a breach. The trial court determined that the liquidated-damages provision was the sole relief for Leo’s breach. Henry appealed.

Rule of Law

Issue

Holding and Reasoning (Keating, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 604,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 604,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 604,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership