Badame v. Bock Enterprises, Inc.

— Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred by limiting defendant’s damages to 10% of the contract price. It is well settled that a vendor is entitled to retain the down payment of the defaulting purchaser, even if the down payment exceeds the vendor’s actual damages (see, Maxton Bldrs. v Lo Galbo, 68 NY2d 373; Almima Partners v Gherardi, 177 AD2d 611; Alirkan v Garcia, 162 AD2d 571; Rho v Morningside In Purchase Assocs., 150 AD2d 355; Dmochowski v Rosati, 96 AD2d 718). We have examined the…