Atlantic Development Group, LLC v. 296 East 149th Street, LLC

*529Order, Supreme Court, New York County (Howard H. Sherman, J.), entered on or about February 24, 2009, which granted defendant’s motion for summary judgment on its first counterclaim to keep the down payment as liquidated damages for plaintiff’s breach of contract and, on defendant’s second counterclaim, to the extent of setting down for hearing defendant’s claim for legal fees and expenses, and denied, sub silentio, plaintiff’s cross motion for summary judgment, unanimously modified, on the law, summary judgment denied to defendant on its second counterclaim, and otherwise affirmed, without…