Ratner v. Elovitz

—Order, Supreme Court, New York County (Carol Huff, J.), entered April 24, 1992, which, inter alia, granted the defendants’ cross motion for summary judgment on their counterclaims and cross claim and dismissed the complaint, unanimously modified, on the law, to deny the defendants’ cross motion for summary judgment on their counterclaims and cross claim, the complaint is reinstated, and otherwise affirmed, with costs.

The late jazz musician Miles Davis instituted this action to recover a $166,000 deposit delivered in connection with a written contract of sale to purchase the shares and…