Legal Opinion
Zellner v. Tarnell
Appellate Division of the Supreme Court of the State of New York
Decided August 5, 2008PublishedCited by 9 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Westchester County (Loehr, J.), dated November 15, 2007, which granted the plaintiffs’ motion, in effect, for summary judgment awarding them the down payment as liquidated damages under the contract.
Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion, in effect, for summary judgment is denied.
The plaintiffs sellers failed to include a complete set of the pleadings and an affidavit in support of their…
2Cases cited3 opinions
- Matsyuk v. KonkaliposAppellate Division of the Supreme Court of the State of New York · 2006
- Thompson v. Foreign Cars Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Sendor v. ChervinAppellate Division of the Supreme Court of the State of New York · 2008
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- North State Autobahn, Inc. v. Progressive Insurance GroupNew York Supreme Court · 2011
- Mieles v. TararAppellate Division of the Supreme Court of the State of New York · 2012
- Gershon v. CunninghamAppellate Division of the Supreme Court of the State of New York · 2011
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