D'Agnese v. Spinelli

In an action to recover damages for breach of a real estate contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered July 10, 2001, which denied her motion for summary judgment on her first through fourth causes of action.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied the plaintiffs motion for summary judgment on her first through fourth causes of action, which seek to retain the defendant’s $20,000 down payment as damages for breach of the parties’ real estate contract. There are…