Sommer v. HILTON HOTELS CORPORATION

GURFEIN, District Judge:

This is a motion for summary judgment, pursuant to Rule 56, by the plaintiff Sigmund Sommer in his action to obtain the return of a deposit of $100,000 made in connection with an offer to purchase the Statler Hilton Hotel (“the Hotel”) in New York City from the defendant, Hilton Hotels Corporation (“Hilton”) for $20,000,000. The action was removed to the federal court on diversity of citizenship, 28 U.S.C. § 1441. New York law governs. Guaranty Trust Co. v. York, 326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945). The history of the transaction is as follows, as…