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BENINATI v. CEVETTA RESTAURANT, INC.

280 A.D.2d 442 (2001)

719 N.Y.S.2d 713

MARIE BENINATI et al., Appellants, v. CEVETTA RESTAURANT, INC., et al., Respondents.

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

Decided February 5, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs and the defendants entered into three related contracts for the sale of real property, a restaurant, and its assets. Each contract provided that a failure to close on any one of them would be a default on all three. Each contract also included a liquidated damages clause. Pursuant to the terms of the contract for the purchase of the restaurant, the plaintiffs Marie Beninati and...

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