Sbordone v. Clouse

—In an action to recover the down payment made on a real estate sales contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Burrows, J.), dated December 23, 1992, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion is denied.

On or about August 29, 1991, the plaintiff entered into a contract with the defendants to purchase a condominium owned by the defendants. The contract was conditioned upon the plaintiff obtaining a mortgage commitment…