Nuzzi v. Gallagher

In an action, inter alia, for the return of a down payment given pursuant to a contract for the sale of real property, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Spinner, J.), dated February 25, 2008, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs (hereinafter the purchasers) entered into a contract with the defendants Michael P Gallagher and Valerie Gallagher (hereinafter the sellers) to purchase the sellers’ home and made a down payment in the sum of $ $44,250…