Kaplan v. Walsh

Appellate Terms of the Supreme Court of New York

Kaplan v. Walsh

188 Misc. 1036, 72 N.Y.S.2d 455, 1947 N.Y. Misc. LEXIS 2778

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 24, 1947

StatusPublished

Cited by1 cases

This text of 188 Misc. 1036 (Kaplan v. Walsh) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kaplan v. Walsh, 188 Misc. 1036, 72 N.Y.S.2d 455, 1947 N.Y. Misc. LEXIS 2778 (N.Y. Ct. App. 1947).

Pincite

Opinion

Per Curiam.

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 ease 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 App. Div. 888.)

MacCrate, Steinbrink and Golden, 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.

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