Plaintiff sues to recover a $20,000 deposit made pursuant to a written contract of sale by defendant Lawrence Saidenberg to respondent of a certain co-operative apartment at 941 Park Avenue. It was agreed that if the sale was not approved by the co-operative, the $20,000 deposit would be returned to plaintiff. If, however, the plaintiff defaulted in his performance under the contract, the deposit was to be delivered to the defendant Saidenberg as liquidated damages. The sale...
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