Appellate Division of the Supreme Court of the State of New York September 26, 2012 (Candullo v. Nicosia)

*1074In an action to retain a down payment as liquidated damages for breach of a contract for the sale of real property, the defendants Roy Nicosia and Suzanne M. Feldman appeal from so much of an order of the Supreme Court, Rockland County (Walsh II, J.