225 Fifth Avenue Retail LLC v. 225 5th, LLC

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered July 20, 2009, which granted plaintiff summary *441judgment on liability on the first, fourth and fifth causes of action and denied defendants’ cross motion for partial summary judgment, unanimously affirmed, with costs.

This action involves the sale of a commercial condominium unit in a Manhattan building owned by defendant 225 5th, its sponsor. Plaintiff alleges that 225 5th breached its obligation to complete work on an aluminum kitchen flue by the date required, entitling it to recover liquidated damages from 225 5th and its…