Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentApr 30, 1990
554 N.Y.S.2d 708 (N.Y. App. Div. 1990)
554 N.Y.S.2d 708160 A.D.2d 986

Cases citing this case

How cited

  • Stuto v. Fleishman

    …Ins. Co., 63 N.Y.2d 412, 415, 417-18 (1984) (defendant's intentional five-month delay in authorizing needed…

lock 1 Citing casekeyboard_arrow_right

April 30, 1990

Appeal from the Supreme Court, Rockland County (Weiner, J.).

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

We agree with the Supreme Court's conclusion that the parties entered into a valid contract for the sale of the plaintiffs' home. The contract was executed by the defendants on April 1, 1988 and delivered to the plaintiffs who executed it on April 4, 1988. No delivery of the contract from the plaintiffs to the defendants was required (see, 61 N.Y. Jur 2d, Statute of Frauds, § 150). The contract was breached by the defendants on April 8, 1988 when they repudiated it and stopped payment on their check for the deposit. Since the contract provided for liquidated damages in the amount of the deposit in the event of default by the defendants, the plaintiffs are entitled to liquidated damages in the principal sum of $48,000, the amount of the deposit. Thompson, J.P., Brown, Kunzeman and Harwood, JJ., concur.