Ordered that the judgment is affirmed, with costs.
On appeal the defendant does not take issue with Supreme Court's finding that he unjustifiably stopped payment on a $17,000 down payment check tendered pursuant to a contract for the purchase of realty, thereby breaching the contract in question. Nor did the defendant demonstrate that the down payment amount, which is less than 5% of the purchase price, exceeded the plaintiff's actual damages (see, Maxton...
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