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KURZMAN v. GRAHAM

12 Misc.3d 586 (2006)

817 N.Y.S.2d 888

ROBERT G. KURZMAN, as Trustee of the BERRETT REVOCABLE TRUST, Plaintiff, v. FIONA GRAHAM, Defendant.

Supreme Court, New York County.

April 17, 2006.

Attorney(s) appearing for the Case

Kurzman, Eisenberg, Corbin, Lever & Goodman, LLP, New York City (Andrew J. Goodman of counsel), for plaintiff.

Green & Zinner, P.C., White Plains (Stanley Zinner of counsel), for defendant.

OPINION OF THE COURT

LOUIS B. YORK, J.

In this action, plaintiff seller asks the court to find defendant buyer in default of an agreement for the sale of real property, and to direct that the escrow deposit that defendant pledged as liquidated damages in case of default on the agreement be released to plaintiff. Currently, the plaintiff moves for summary judgment. For the reasons discussed below, the court denies plaintiff's motion for summary judgment and...

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