Appellate Division of the Supreme Court of the State of New York September 15, 2009 (M Squared New Rochelle, LLC v. G&G Properties, LLC)

In an action for a judgment declaring that the plaintiff is not in breach of a certain contract for the sale of real property and that the defendant is not entitled to retain the plaintiff’s *1091$500,000 down payment, the defendant appeals from (1) an order of the Supreme Court, Westchester County (Lefkowitz, J.