Legal Opinion
Zellner v. Tarnell
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2009PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Westchester County (Loehr, J.), entered December 5, 2008, which granted the plaintiffs’ motion for summary judgment awarding them the down payment as liquidated damages under the contract, and, in effect, denied that branch of their cross motion which was for summary judgment on their first counterclaim for the return of the down payment.
Ordered that the order is reversed, on the law, with costs, the plaintiffs’ motion is denied, and…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
- George v. Marshalls of MA, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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3Cited by3 opinions
- JBR Construction Corp. v. StaplesAppellate Division of the Supreme Court of the State of New York · 2010
- Reid v. I Grant Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Rustum v. PintoAppellate Division of the Supreme Court of the State of New York · 2011