New York Court of Appeals November 18, 1986 (Maxton Builders, Inc. v. Lo Galbo)

OPINION OF THE COURT

Chief Judge Wachtler.

The plaintiff contracted to sell a house to the defendants and accepted a check for the down payment. When the defendants canceled the contract and stopped payment on the check, the plaintiff sued for a breach claiming a right to the down payment — a right traditionally allowed in this State under the rule set forth in

Lawrence v Miller

(86 NY 131).