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New York Real Estate Law ReporterColumnsLand Use and PlanningLJN Newsletters

Real Property Law

By ljnstaff | Law Journal Newsletters
May 02, 2017

Seller Entitled to Retain Breaching Buyer's Deposit Even if Breach Did Not Harm Seller Pizzurro v. Guarino
NYLJ 2/10/17, p. 32, col. 3
AppDiv, Second Dept.
(memorandum opinion)

In an action by seller against contract vendee to retain contract vendee's deposit, seller appealed from Supreme Court's grant of summary judgment to contract vendee. The Appellate Division modified, holding that seller is entitled to retain a breaching contract vendee's deposit even when seller has not been injured, but observing that in this case, questions of fact remained about whether contract vendee had breached.

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