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138 BRUCKNER OWNER LLC v. ANJOST CORP.

Index No. 26457/20E. Appeal No. 14421. Case No. 2021-01645.

198 A.D.3d 523 (2021)

152 N.Y.S.3d 808

2021 NY Slip Op 05768

138 Bruckner Owner LLC, Appellant, v. Anjost Corp. et al., Respondents, et al., Defendant. Anjost Corp. et al., Third-Party Plaintiffs-Respondents, v. 138 Bruckner Owner LLC et al., Third-Party-Defendants-Appellants.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Hamburger, Maxson, Yaffe & Martingale, LLP, Melville ( Richard Hamburger of counsel), for appellants.

Sills Cummis & Gross P.C., New York ( Lori K. Sapir of counsel), for respondents.

Concur—-Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.

Interpreting the contract in light of the plain meaning of words and phrases used, the term "deposit" is reasonably susceptible of only one meaning (Greenfield v Philles Records, 98 N.Y.2d 562, 570 [2002]; see Bluebird Partners v First Fid. Bank, N.J., 248 A.D.2d 219, 224 [1st Dept 1998]). The liquidated damages provision, which provides that defendants are entitled "to retain the [d]eposit...

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