Appellate Division of the Supreme Court of the State of New York July 15, 2015, 2014-11968 (Imperatore v. 329 Menahan Street, LLC)

In an action for specific performance of a contract for the sale of real property, the defendant appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated November 7, 2014, which denied its motion for summary judgment dismissing the complaint and on its counterclaims, inter alia, for a judgment declaring that it is entitled to retain the down payment as liquidated damages.