Gasparino v. Rigatti

—In an action to recover a down payment under a contract for the sale of real property, the defendants appeal from so much of an order of the Supreme Court, Richmond County (Amann, J.), dated July 27, 1988, as denied their motion for summary judgment dismissing the complaint without prejudice to renewal after discovery has been completed.

*974Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants’ motion for summary judgment is granted, and the complaint is dismissed.

On November 16, 1987, the plaintiffs Louis and Linda Gasparino entered into a contract…