Moss v. Brower

—Order, Supreme Court, New York County (Beverly S. Cohen, J.), entered May 26, 1993, which, inter alia, denied plaintiff’s motion for summary judgment, unanimously reversed, on the law and the facts, and plaintiff’s motion for summary judgment directing return of the down payment, with interest, is granted, without costs.

In this action to recover an escrow deposit pursuant to a contract of sale for a cooperative apartment, the court erred in denying plaintiff’s motion for summary judgment. A fair reading of the record establishes that there was no final agreement between plaintiff-appellant…