Benalaya v. Campbell

—In an action for, inter alia, the return of a down payment given pursuant to a contract for the sale of real property, the defendants appeal from (1) an order of the Supreme Court, Westchester County (Gurahian, J.), dated November 2, 1992, which granted the plaintiffs’ motion for summary judgment and denied the defendants’ cross motion for summary judgment, and (2) a judgment of the same court entered November 30, 1992, upon the order, which is in favor of the plaintiffs and against the defendants in the principal sum of $14,425.

Ordered that the appeal from the order is dismissed; and it is…