| Zellner v Tarnell |
| 2008 NY Slip Op 06558 [54 AD3d 329] |
| August 5, 2008 |
| Appellate Division, Second Department |
| Ronald Zellner et al., Respondents, v Paul Tarnell et al.,Appellants. |
—[*1] Matthew A. Noviello, Carmel, N.Y., for respondents.
In an action, inter alia, to recover damages for breach of contract for the sale of real property,the defendants appeal from an order of the Supreme Court, Westchester County (Loehr, J.), datedNovember 15, 2007, which granted the plaintiffs' motion, in effect, for summary judgmentawarding them the down payment as liquidated damages under the contract.
Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion, in effect,for summary judgment is denied.
The plaintiffs sellers failed to include a complete set of the pleadings and an affidavit insupport of their motion for summary judgment, as required by CPLR 3212 (b). Accordingly, theywere not entitled to summary judgment, and denial of their motion was required (see Sendor v Chervin, 51 AD3d1003 [2008]; Thompson v ForeignCars Ctr., Inc., 40 AD3d 965 [2007]; Matsyuk v Konkalipos, 35 AD3d 675 [2006]).
In light of our determination, we need not reach the appellants' remaining contentions.Spolzino, J.P., Fisher, Carni and Dickerson, JJ., concur.