Mauro v. Collins

In an action to recover the down payment pursuant to a contract for the sale of real property, the plaintiffs appeal from an amended order and judgment (one paper) of the Supreme Court, Nassau County (Franco, J.), entered December 16, 2003, which converted the defendants’ motion, inter alia, to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) to a motion for summary judgment and granted the motion and is in favor of the defendants and against them, dismissing the complaint.

Ordered that the amended order and judgment is affirmed, with costs.

The Supreme Court properly granted summary…