Legal Opinion
Micciche v. Homes by Timbers, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 2005PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to rescind a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated September 30, 2004, which denied his motion for summary judgment striking the counterclaim of the defendant Homes by Timbers, Inc., and for the return of his $25,000 down payment, and granted the cross motion of the defendant Homes by Timbers, Inc., for judgment on its counterclaim to retain the $25,000 down payment as liquidated damages.
Ordered that the order is affirmed, with costs.
The salient facts underlying the…
2Cases cited7 opinions
- Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Cipriano v. Glen Cove Lodge 1458New York Court of Appeals · 2003
- Uzan v. 845 UN Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2004
- Hegner v. ReedAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by3 opinions
- Pizzurro v. GuarinoAppellate Division of the Supreme Court of the State of New York · 2017
- Verolla v. Beechwood Carmen Building Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Walsh v. CatalanoAppellate Division of the Supreme Court of the State of New York · 2015