VIBAR CONSTRUCTION, INC. v. KONETCHY

2009-09589.

78 A.D.3d 819 (2010)

910 N.Y.S.2d 532

VIBAR CONSTRUCTION, INC., Appellant, v. ROBERT KONETCHY et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 9, 2010.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint and on their counterclaim awarding them the down payment as liquidated damages under the contract. The defendants established, prima facie, that the plaintiff's cancellation of the contract for the sale of the subject real property pursuant to a particular contractual provision was invalid (see Lot 57 Acquisition...

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