Lieberman v. Larkin

In an action by vendees to recover their down payment and damages for breach of a contract to sell real property, defendant appeals from an order of the Supreme Court, Dutchess County, dated October 3, 1973, which granted plaintiffs’ motion for summary judgment. Order modified by striking therefrom the following: “ The Clerk is directed to place this action on the inquest calendar for assesment of damages, subject to the deposition of the Justice presiding”, and by inserting in lieu thereof a provision that all questions of damages are to be decided following a full adversary trial. As so…