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BADAME v. BOCK ENTERS., INC.

190 A.D.2d 1066 (1993)

Philip E. Badame et al., Respondents-Appellants, v. Bock Enterprises, Inc., Appellant-Respondent

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

February 5, 1993

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred by limiting defendant's damages to 10% of the contract price. It is well settled that a vendor is entitled to retain the down payment of the defaulting purchaser, even if the down payment exceeds the vendor's actual damages (see, Maxton Bldrs. v Lo Galbo, 68 N.Y.2d 373; Almima Partners...

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