Senzamici v. Young

—Levine, J.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Weiner, J.), entered May 7, 1990 in Rockland County, which, inter alia, granted defendants’ cross motion for summary judgment dismissing the complaint.

Defendants signed an agreement on August 3, 1989 to purchase plaintiffs’ property for $245,000. The contract, drawn by plaintiffs’ attorney, required a down payment of $24,500, $2,000 payable upon defendants’ execution of the contract and the balance on or before August 7, 1989. The $24,500 down payment was…