D'Abreau v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover a down payment given under a contract for the sale of real property, the defendant, Edward E. Smith, appeals from an order of the Supreme Court, Kings County (G. Aronin, J.), dated September 19, 1996, which *617denied his cross motion for summary judgment dismissing the complaint insofar as asserted against him.
Ordered that the order is affirmed, without costs or disbursements.
The contract of sale pursuant to which the plaintiff, Kenneth D’Abreau, and his wife agreed to purchase certain real property from the defendant Edward E. Smith did not specify a closing date, but…
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