Ardi v. Martin

In an action, inter alia, to recover a down payment given pursuant to a contract for the sale of real property, the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Suffolk County (Sgroi, J.), entered October 20, 2009, as, upon an order of the same court dated June 4, 2009, granting that branch of the defendants’ motion which was to dismiss the first amended complaint pursuant to CELR 3211 (a) (1), is in favor of the defendants and against them dismissing the first amended complaint.

Ordered that the judgment is affirmed insofar as appealed from,…