Appellate Division of the Supreme Court of the State of New York April 7, 2003 (Piano 230 North Corp. v. 230 North Realty, LLC)

In an action for a judgment declaring that the plaintiff is entitled to retain a down payment on a real estate contract as liquidated damages, the defendant appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered June 13, 2002, which granted the plaintiffs motion for summary judgment.