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225 5TH, LLC v. VOLYNETS

7842, 112126/08.

96 A.D.3d 429 (2012)

944 N.Y.S.2d 881

2012 NY Slip Op 4295

225 5TH, LLC, Respondent, v. JHANNA VOLYNETS, Appellant.

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

June 5, 2012.

Defendant's failure to appear at the scheduled closing, at which plaintiff appeared, ready, willing and able to close, constitutes a default under the purchase agreement (see El-Ad 250 W. LLC v 30 Hubert St. LLC, 67 A.D.3d 520 [2009]). Defendant's failure to cure her default or to provide a lawful excuse for it entitles plaintiff to retain the 10% down payment as liquidated damages, pursuant to paragraphs 9 and 16 of the purchase...

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