Patrick Reid v. I Grant Inc.

Rodman and Campbell, P.C., Bronx (Hugh W. Campbell of counsel), for appellants.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about October 18, 2010, which, to the extent appealed from as limited by the brief, denied plaintiff Patrick Reid’s motion seeking a judgment declaring defendants I Grant Inc., Ivorine Grant, Robert Johnson and Salmon Johnson in breach of a contract of sale of real property and that plaintiff was entitled to a return of his $10,000 down payment, held in escrow by defendant Stella Azie, Esq., and for a money judgment in the amount of $5802, related to plaintiffs’ lease of commercial space on the premises, and granted defendants’ cross motion to dismiss Reid’s claims for breach of contract and for a money judgment, declared Reid in default under the contract of sale and directed that Reid’s down payment be transferred to defendant seller I Grant Inc. as liquidated damages in accordance with the parties’ contract of sale, unanimously modified, on the law, to deny the cross motion as to dismissal of Reid’s claim for breach of contract, and to vacate the declaration that Reid was in default of the contract of sale and the directed transfer of the down payment to defendant I Grant Inc., and otherwise affirmed, without costs.