Arnold v. Birnbaum

In an action to recover a down payment for the sale of real property, the defendants appeal from a judgment of the Supreme Court, Queens County (Dunkin, J.), dated May 16, 1991, which, inter alia, granted the plaintiffs’ motion for summary judgment directing the defendants to return the down payment to them, and denied the defendants’ cross motion for summary judgment dismissing the complaint and on their counterclaim to retain the down payment as contractual damages.

Ordered that the judgment is reversed, on the law, with costs, the plaintiffs’ motion for summary judgment is denied, the…