S&S Management, LLC v. Berk

*1032In an action to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from (1) so much of an order of the Supreme Court, Nassau County (Woodard, J.), dated May 21, 2008, as granted that branch of the defendants’ motion which was for summary judgment rescinding the contract and directing that the down payment be returned, and denied their cross motion for summary judgment, inter alia, directing that the down payment be released to the plaintiff S&S Management, LLC, by the plaintiff Tashlik, Kreutzer, Goldwyn & Crandell, EC., and (2) so much of a judgment of…