Ennin v. Carion

—In an action to recover the down-payment made pursuant to a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated April 20,1995, which granted the defendant’s motion for summary judgment dismissing the complaint and directed the release of the downpayment to her.

*889Ordered that the order is reversed, on the law, with costs, the defendant’s motion for summary judgment is denied, and the complaint is reinstated.

The defendant failed to make a prima facie showing of entitlement to summary judgment as a matter of law (see,…