OPTON HANDLER GOTTLIEB FEILER LANDAU & HIRSCH v. PATEL


203 A.D.2d 72 (1994)

610 N.Y.S.2d 26

Opton Handler Gottlieb Feiler Landau & Hirsch, Plaintiff, v. Pravin I. Patel, Appellant, and Bar Harbour Motel Company, Respondent

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

April 7, 1994


The IAS Court properly determined that Bar Harbour, as seller of certain real property, was entitled, as a matter of law, to retain the $100,000 down payment of defendant Patel, the buyer, together with all interest earned thereon, as liquidated damages, pursuant to paragraph 35 of the parties' real property contract of sale. Patel concededly failed to provide timely written notice of his inability to obtain a mortgage commitment...

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