CHUN v. YORAM GINACH, P.C.


45 A.D.3d 347 (2007)

845 N.Y.S.2d 273

YOUNG S. CHUN et al., Respondents, v. YORAM GINACH, P.C., et al., Defendants, and HANNA FRANCO, Appellant.

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

Decided November 13, 2007.


Supreme Court granted plaintiffs' motion on the grounds that the subject contract lacked an express liquidated damages clause, and that defendant failed to adduce any evidence of damages caused by plaintiffs' failure to attend the closing. We reverse. Defendant established that plaintiffs breached their contractual obligation to purchase the property, and therefore is entitled to summary judgment on that claim. However, since the contract contains no clause entitling defendant...

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