Gindi v. Intertrade Internationale Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Bernard J. Fried, J.), entered July 31, 2006, which, to the extent appealed from, dismissed the complaint as against defendant Intertrade Internationale, denied that portion of Intertrade’s motion to retain plaintiffs down payment as liquidated damages, and denied plaintiffs cross motion for specific performance, unanimously affirmed, without costs.
Intertrade failed to demonstrate that it could deliver insurable title at the time fixed for closing, particularly with respect to a building encroachment. Summary judgment was thus…
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