Vibar Construction, Inc. v. Konetchy

In an action to recover damages for breach of a contract for the sale of real property and for the return of a down payment given pursuant to that contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J.), *820dated October 2, 2009, which granted the defendants’ motion for summary judgment dismissing the complaint and on their counterclaim awarding them the down payment as liquidated damages under the contract, and denied its cross motion for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted…