In LeRoy v. Sayers, 217 AD2d 63, the Court defined "a liquidated damage provision...made by the parties at the time they entered into this agreement [as to] the extent of the injury that would be sustained as a result of breach of the agreement" (id. p. 69) and "whether a contractual provision is enforceable presents a question of law for the Court..." (id. p. 70). The Court opined "Contracting parties may agree to such clauses provided they are neither unconscionable nor contrary to public policy" (id. P. 69).