SEAWANE GREENS v. BAILEY


24 Misc.2d 385 (1960)

Seawane Greens, Inc., Plaintiff, v. Lee W. Bailey et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 16, 1960.


Attorney(s) appearing for the Case

Pross, Smith, Halpern & Lefevre (Walter G. Michaelis and Mitchell M. Bailey of counsel), for defendants.

Maxwell H. Levy and I. Louis Winokur for plaintiff.


MARIO PITTONI, J.

The plaintiff builder sought a judgment for a declaration that the defendant buyers had breached their contract for the purchase of a dwelling to be constructed in the Village of Hewlett Harbor, and that it was entitled to retain the moneys paid under the contract as liquidated damages. The builder's action, however, was discontinued at the trial, and the case continued on the basis of five...

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