Extract to table

LEGAL STANDARD FOR SUMMARY JUDGMENT A motion for summary judgment pursuant to CPLR § 3212 "shall be granted if, upon all the papers and proof submitted, the cause of action or defense shall be established sufficiently to warrant the court as a matter of law in directing judgment in favor of any party

Under well-settled New York law, "[a] written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms

Northwind will be required to respond to each numbered paragraph of that statement, and any fact not specifically controverted shall be deemed admitted

Where the language is "clear and unambiguous," the contract must "be enforced according to its terms" and the court "should look within the four corners of the document" to determine the parties' intent

The court must give effect to every word and every clause, avoiding an interpretation that renders any provision superfluous or meaningless

Fourth, the clause must be read in context of the liquidated damages formula that precedes the cap