Lisenenkov v. Kaszirer

*283Order, Supreme Court, New York County (Edward H. Lehner, J.), entered November 30, 2006, which, in an action to recover a down payment made on a contract for the sale of a condominium unit, granted plaintiff buyer’s motion for summary judgment, unanimously affirmed, with costs.

It appears that buyer’s lender refused to issue the required checks at the closing because of two exceptions in the title report that buyer claims were not permitted by the purchase contract and her title company represents rendered title uninsurable within the meaning of the contract (fee title to be conveyed subject…