Nambiar v. Alexander

OPINION OF THE COURT

Andrew G. Tarantino, Jr., J.

Nature of the Case

This case was transferred from Supreme Court to this trial court pursuant to Civil Practice Law and Rules § 325 (d). Plaintiff husband and wife were prospective purchasers of real property on Long Island. The seller, in foreclosure, entered into the residential contract of sale. The purchasers were denied their mortgage upon the grounds of insufficient income. They seek return of their down payment. Purchasers also seek judg*343ment for treble damages claiming that the seller improperly converted the down payment. Seller believes…