3M Holding Corp. v. Wagner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for specific performance of a real estate contract, the plaintiff appeals from stated portions of a judgment of the Supreme Court, Suffolk County (Campbell, J.H.O.), dated February 1, 1989, inter alia, which, after a nonjury trial, dismissed its complaint and permitted the defendants to retain the plaintiff’s down payment as liquidated damages.
Ordered that the judgment is modified by deleting the third and fourth decretal paragraphs and substituting therefor a provision directing the defendants to return the plaintiff’s down payment; and as so modified, the judgment is affirmed,…
2Cases cited9 opinions
- Zev v. MermanNew York Court of Appeals · 1988
- Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.New York Court of Appeals · 1983
- Zev v. MermanAppellate Division of the Supreme Court of the State of New York · 1987
- Ballen v. PotterNew York Court of Appeals · 1929
- Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
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3Cited by42 opinions
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- Nehmadi v. DavisAppellate Division of the Supreme Court of the State of New York · 2009
- Zeitoune v. CohenAppellate Division of the Supreme Court of the State of New York · 2009
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