Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment dismissing the complaint and on its counterclaims, inter alia, declaring that it is entitled to retain the down payment as liquidated damages is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment, inter alia, declaring that the defendant is entitled to retain the down payment as liquidated damages.
In August 2013...
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