Defendant established prima facie entitlement to judgment as a matter of law on its first counterclaim by submitting documentary evidence that it was ready, willing and able to perform on the time-is-of-the-essence closing date, and that plaintiff failed to proceed with closing. In response, plaintiff failed to raise a triable issue of fact. Accordingly, defendant is entitled to retain the down payment as liquidated damages in accordance with the contract of sale (Rivera...
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