Marx v. Shustek

In an action for the return of a down payment given pursuant to a contract for the sale of real property, the defendants appeal from so much of an order of the Supreme Court, Nassau County (Burke, J.), dated August 4, 1994, as denied their motion for summary judgment on their first and second counterclaims and to dismiss the complaint, and granted the branch of the plaintiffs’ cross motion which was for leave to file an amended complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

On or about August 2, 1993, the parties entered into a contract for the sale of the…