Levi v. Smith

In an action to recover the down payment on a contract for the sale of real property, the plaintiff appeals from an amended order of Supreme Court, Suffolk County (Floyd, J.), entered June 20, 1996, which after a non-jury trial, awarded the defendants $10,000 of the plaintiff’s down payment as damages.

Ordered that the amended order is modified by deleting subdivisions 2, 3, and 4 of the decretal paragraph thereof and substituting therefor a new subdivision 2 directing that the sum of $18,900, plus any interest accrued thereon be paid to the plaintiff, and by deleting from subdivision 1 of the…