Condominiums—Sellers Entitled To Retain Down-payment as Liquidated Damages—Purchaser Failed To Close—Frustration of Purpose and Impossibility of Performance Defenses Based on "Temporary Restrictions on the Parties' Ability to Perform" Were Rejected—Defendants' Unpleaded Claim That They Were Denied Access to the Apartment Between Certain Dates Was "Raised for the First Time in Opposition to the Motion"—Defense Was Unsupported by Documentary Evidence and Attorneys' Assertions Were "Vague and Conclusory as to When, and How Often, Defendants Requested Access and Were Denied"

A court granted sellers' motion for summary judgment for release of the defendants' "down-payment in this unconsummated condominium sale."

The court found that the sellers had "properly declared that time was of the essence to close on the condominium apartment on July 8, 2020, and defendants failed to appear and proceed on the duly scheduled closing date."  Based on the purchasers' failure to close, pursuant to the terms of the contract, the court held that the sellers were entitled to retain the down-payment as liquidated damages.