Taylor v. Carbone

In an action to recover a down payment made pursuant to a contract for the sale of real property, the defendants appeal (1) from an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated November 8, 2012, which denied their motion for summary judgment dismissing the complaint and on their counterclaim for a judgment declaring that they are entitled to retain the down payment in the principal sum of $95,000, and (2), as limited by their brief, from so much of an order of the *762same court dated November 9, 2012, as granted that branch of the plaintiffs’ motion which was for summary…