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GINDI v. INTERTRADE INTERNATIONALE LTD.

50 A.D.3d 575 (2008)

856 N.Y.S.2d 104

MICHAEL GINDI, Respondent-Appellant, v. INTERTRADE INTERNATIONALE LTD., Appellant-Respondent, et al., Defendant.

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

Decided April 29, 2008.

Intertrade failed to demonstrate that it could deliver insurable title at the time fixed for closing, particularly with respect to a building encroachment. Summary judgment was thus properly denied on its counterclaim for a declaration of entitlement to retain plaintiff's down payment as liquidated damages (see Gargano v Rubin, 200 A.D.2d 554 [1994]).

Plaintiff, on the other hand, in order to establish that he is entitled...

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