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Kaplan v. Walsh

Supreme Court, Appellate Term, Second Department
Apr 24, 1947
188 Misc. 1036 (N.Y. App. Term 1947)

Opinion

April 24, 1947.

Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, WECHT, J.

Ephraim S. London for appellant.

Kalman Ress for respondents.


MEMORANDUM


The answering affidavit presents no triable issue of fact. Under the contract in question, defendants were limited to the retention of plaintiff's deposit in the sum of $500 in case of his default, which amount under the contract must be regarded as liquidated damages. Defendants could not set up a counterclaim for damages in excess of that amount. ( St. Cyr v. Sothern, 140 A.D. 888.)

MACCRATE, STEINBRINK and COLDEN, JJ., concur.

The order should be unanimously reversed on the law, with $10 costs to plaintiff, and motion for summary judgment striking out defendants' counterclaim granted.

Order reversed, etc.


Summaries of

Kaplan v. Walsh

Supreme Court, Appellate Term, Second Department
Apr 24, 1947
188 Misc. 1036 (N.Y. App. Term 1947)
Case details for

Kaplan v. Walsh

Case Details

Full title:SAMUEL KAPLAN, Appellant, v. WILLIAM WALSH et al., Respondents

Court:Supreme Court, Appellate Term, Second Department

Date published: Apr 24, 1947

Citations

188 Misc. 1036 (N.Y. App. Term 1947)
72 N.Y.S.2d 455

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