Bellamy v. Estate of Efros

—Order, Supreme Court, New York County (Diane A. Lebedeff, J.), entered February 7, 1994, which, inter alia, granted defendants’ cross motion for summary judgment on their counterclaim seeking delivery of a down payment, and judgment of said court and Justice entered thereon on May 27, 1994, unanimously affirmed, without costs.

The IAS Court properly concluded that defendants were entitled to the contract deposit as liquidated damages following plaintiff’s default in failing to attend on the final closing date. Although the contract did not specifically make time of the essence, defendants’…