Singh v. Gopaul

In an action, inter alia, for specific performance of a contract for the purchase of real property, the defendant Vishnudat Gopaul appeals from so much of an order of the Supreme Court, Queens County (Taylor, J.), dated July 27, 2006, as denied that branch of his motion which was for summary judgment on his first counterclaim to retain the down payment of $5,000 as liquidated damages and, upon searching the record, awarded summary judgment dismissing the first counterclaim, and the second counterclaim to recover damages for waste in the sum of $75,000 which the purchaser allegedly caused in…