New York Court of Appeals

Maxton Builders, Inc., Respondent v. Richard Lo Galbo, Appellants. (And a Third-Party Action.)

November 18, 198668 N.Y.2d 373

Summary

The Court affirmed the Appellate Division's order granting summary judgment to the plaintiff, holding that the defendants' cancellation notice was ineffective because it was not received within the three‑day period required by the contract, and that under the longstanding Lawrence v. Miller rule a defaulting buyer cannot recover the down payment.