111-38 Management Corp. v. Benitez

*863In an action, inter alia, for the return of a down payment pursuant to a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Queens County (Strauss, J.), entered April 24, 2012, which denied that branch of their motion which was for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and that branch of the defendants’ motion which was for summary judgment dismissing the complaint is granted.

In June 2007, a real estate entity known as “111-38 Management Corp.” (hereinafter Management) entered into a…