Legal Opinion
Maxton Builders, Inc. v. Lo Galbo
New York Court of Appeals
Decided November 18, 1986PublishedCited by 130 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
The plaintiff contracted to sell a house to the defendants and accepted a check for the down payment. When the defendants canceled the contract and stopped payment on the check, the plaintiff sued for a breach claiming a right to the down payment — a right traditionally allowed in this State under the rule set forth in Lawrence v Miller (86 NY 131). The trial court denied plaintiff’s motion for summary judgment holding that a fact question was presented as to whether recovery of the down payment would constitute a penalty under the circumstances. The…
2Cases cited16 opinions
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Laba v. CareyNew York Court of Appeals · 1971
- Freedman v. Rector, Wardens & Vestrymen of St. Matthias ParishCalifornia Supreme Court · 1951
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Sy Jack Realty Co. v. Pergament Syosset Corp.New York Court of Appeals · 1971
11 more not listed; retrieve them via the Exa API.
3Cited by130 opinions
- Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
- Chateau D' If Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Holy Properties Ltd. v. Kenneth Cole Productions, Inc.New York Court of Appeals · 1995
- Great Northern Insurance v. Interior Construction Corp.New York Court of Appeals · 2006
- Moran v. ErkNew York Court of Appeals · 2008
125 more not listed; retrieve them via the Exa API.