Dixon v. Forman

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered June 28, 2005, awarding plaintiffs the principal amount of $119,500 and dismissing the counterclaims, upon the prior grant of plaintiffs’ motion for summary judgment and the denial of defendants’ cross motion for discovery, unanimously affirmed, with costs.

Plaintiffs commenced this action for return of their down payment on the purchase of a cooperative apartment. After plaintiffs established a prima facie case that they had submitted their application in good faith, defendants failed to raise a triable issue of fact…