AGOSTA v. ABRAHAM

Index No. 653058/22. Appeal No. 358. Case No. 2023-00372.

217 A.D.3d 401 (2023)

190 N.Y.S.3d 48

2023 NY Slip Op 02934

Jeffrey A. Agosta et al., Respondents, v. Liav Abraham, Appellant.

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

Decided June 1, 2023.


Attorney(s) appearing for the Case

Davidoff Hutcher & Citron LLP, New York ( Joshua Krakowsky of counsel), for appellant.

Kellner Herlihy Getty & Friedman LLP, New York ( Carol Anne Herlihy of counsel), for respondents.

Concur—Kapnick, J.P., Oing, Gesmer, Singh, Shulman, JJ.


Order, Supreme Court, New York County (Lyle E. Frank, J.), entered January 4, 2023, which, to the extent appealed from, granted plaintiffs' motion for summary judgment on their cause of action for a declaration that defendant defaulted in her obligations under the contract and that plaintiffs are entitled to retain the contract deposit of $275,000 and so declared, and denied defendant's cross-motion for summary judgment for the return of the contract deposit, unanimously...

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