Emerich v. Leviton

Plaintiff, Jay Emerich, brought an action against defendants, Bernard Levitón and Dot Chere E. McAvoy, to rescind a real estate contract he had entered into with Levitón and to recover the earnest money he had paid to McAvoy, a real estate broker who served as an escrowee. McAvoy filed a counterclaim against Levitón for a broker’s commission. Emerich obtained a default judgment against Levitón and McAvoy was ordered to return Emerich’s earnest money. No action was taken on McAvoy’s counterclaim. The default judgment and the orders based on it were subsequently vacated because Levitón had not…