HSM Real Estate, Inc. v. Dragon

In an action to retain a down payment given pursuant to a contract for the sale of real property, the defendant appeals from an order of the Supreme Court, Nassau County (Parga, J.), entered March 4, 2011, which, inter alia, granted the plaintiffs motion for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

“Generally, a buyer who breaches a contract by applying for a mortgage loan greater than the one required under the express terms of the contract is not entitled to recover his down payment” (Marx v Shustek, 226 AD2d 351, 352 [1996]; cf. Gorgoglione v…