Lightle v. Becker

In an action to recover a down payment on a contract for the sale of real property, the defendants Mitchell A. Becker and Denise R. Becker appeal from an order of the Supreme Court, Suffolk County (Underwood, J.), dated April 8, 2004, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The plaintiffs (hereinafter the buyers) brought…