Morgan Barrington Financial Services v. Roman

Order, Supreme Court, Bronx County (Barry Salman, J.), entered November 15, 2004, which granted decedent’s motion for summary judgment dismissing the complaint and awarded him the $50,000 down payment as liquidated damages, unanimously affirmed, with costs.

The IAS court properly granted decedent seller summary judgment where the plaintiff purchaser, who was experienced in real estate transactions of this nature, presented no probative evidence to show its ability to close at a time-of-the-essence, second rescheduled closing, some seven months after the contract signing. The seller met its…