Gartner v. Young-Hee Lowe

Order and judgment (one paper), Supreme Court, New York County (Emily Goodman, J.), entered July 12, 2001, after a nonjury trial, which denied plaintiff purchaser’s claim for specific performance of a contract for the sale of real estate, or, alternatively, for damages; granted defendant seller’s request to declare the contract validly canceled as of April 16, 1997; denied defendant’s counterclaims for damages; and directed defendant to return plaintiff’s down payment, with interest, unanimously affirmed, without costs.

The trial court correctly concluded that plaintiff purchaser was not…