Drake v. Friedenthal

—McCarthy, J.

Appeal from an order of the Supreme Court (Teresi, J.), entered August 15, 2012 in Albany County, which, among other things, granted defendant’s motion for summary judgment dismissing the complaint.

The parties signed a contract for plaintiff to purchase certain real property owned by defendant. Plaintiff delivered a $25,000 check as the down payment, but the check was not certified — as required by the contract — and plaintiff directed defendant’s broker to hold the check rather than deposit it in an escrow account. Although the parties continued to proceed toward closing,…