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RIVERA v. KONKOL

48 A.D.3d 347 (2008)

851 N.Y.S.2d 537

ANNETTE RIVERA, Respondent, v. KENT KONKOL et al., Defendants, and CARYN B. ADELMAN, Appellant.

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

Decided February 26, 2008.

The record evidence supports summary judgment in favor of defendants, rather than plaintiff. The well-settled rule of law in New York is that a purchaser who, without breach on the part of the seller, defaults on a real estate contract without lawful excuse cannot recover her down payment (Lawrence v Miller, 86 N.Y. 131 [1881]; Maxton Bldrs. v Lo Galbo, 68 N.Y.2d 373 [1986]; Uzan v 845 UN Ltd. Partnership,

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