SCHONZEIT v. WIESEN


154 A.D.2d 291 (1989)

David Schonzeit et al., Appellants, v. Jeremy Wiesen, Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1989


Defendant submitted uncontradicted proof that he had complied with the terms of the contract of sale regarding application for the cooperative board's approval.

Plaintiffs had no legitimate reason to declare defendant in default. There is no merit to plaintiffs' contention that their demand for liquidated damages was anything but a repudiation of the contract of sale. The purpose of liquidated damages is to compensate a plaintiff for permitting a defendant to terminate...

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