MAXTON BLDRS. v. LO GALBO


68 N.Y.2d 373 (1986)

Maxton Builders, Inc., Respondent, v. Richard Lo Galbo et al., Appellants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided November 18, 1986.


Attorney(s) appearing for the Case

John F. Haggerty and Joseph A. Baum for appellants.

Murray Seeman for respondent.

Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


Chief Judge WACHTLER.

The plaintiff contracted to sell a house to the defendants and accepted a check for the down payment. When the defendants canceled the contract and stopped payment on the check, the plaintiff sued for a breach claiming a right to the down payment — a right traditionally allowed in this State under the rule set forth in Lawrence v Miller (86 N.Y. 131). The trial court denied...

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