Francesa v. Scibetta

In an action, inter alia, to recover a down payment given pursuant to a contract for the sale of real property, the defendants appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Martin, J.), dated March 4, 2009, as granted the plaintiffs’ motion for summary judgment on the complaint and denied their cross motion for summary judgment dismissing the complaint and on their counterclaim to retain the down payment, and (2) from a judgment of the same court entered April 27, 2009, which, upon the order, is in favor of the plaintiffs and against them…