Goldstein v. Stern

In an action to recover the down payment and expenses incurred by a buyer in connection with a contract for the purchase of real property, the plaintiff moves for summary judgment.

The plaintiff alleges that he entered into a contract with the defendants for the purchase of a one-family house and that in connection with the execution of the said contract he paid a deposit. He further alleges that the contract contained two pertinent provisions: (1) “ the northerly 5 feet more or less of the premises described herein lies in the bed of Palermo Avenue as the same is laid out on the Final…