Bronowski v. Magnus Enterprises, Inc.

Order and judgment unanimously affirmed, with costs. Memorandum: Defendant Magnus Enterprises, Inc. (hereinafter Magnus), appeals from an order and judgment of the Special Term which granted the motion of plaintiffs Frederick and Jean Bronowski for summary judgment against Magnus. Plaintiffs, husband and wife, gave $7,000 to Motif Construe*880tion Corporation (hereinafter Motif) as the first payment pursuant to a written agreement under which Motif was to acquire a specific lot and build a house for plaintiffs. The contract provided that the $7,000 was to be held in escrow and applied to the…