GUARIGLIA v. CAUSHAJ

2016-11793. Index No. 483/14.

178 A.D.3d 776 (2019)

111 N.Y.S.3d 889

2019 NY Slip Op 08824

Edward Guariglia et al., Appellants, v. Fillor Caushaj, Respondent, et al., Defendant.

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

Decided December 11, 2019.


Attorney(s) appearing for the Case

Abrams Fensterman Fensterman Eisman Formato Ferrara Wolf & Carone, LLP, Brooklyn, NY ( Mark J. Caruso of counsel), for appellants.

Edmond J. Pryor , Bronx, NY, for respondent.

Dillon, J.P., Maltese, Duffy and Barros, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiffs entered into a contract to sell a parcel of real property to the defendant Fillor Caushaj. Pursuant to the terms of the contract, Caushaj made a down payment in the sum of $130,000. The plaintiffs subsequently commenced this action, alleging that Caushaj had breached the contract and that they were entitled to retain the down payment as liquidated damages. The plaintiffs moved for summary judgment on the...

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