Ying-Qi Yang v. Shew-Foo Chin

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered March 29, 2006, which denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1), unanimously reversed, on the law, with costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff, as purchaser, and defendant, as seller, entered into an agreement, dated May 4, 2005, for the sale of real property, but three weeks later the seller cancelled the contract due to an inability “to clear a title problem,” and returned the buyer’s $50,000 down payment.…