Mounessa v. Promenade Holding Corp.

In an action, inter alia, to recover a down payment on a contract for the purchase of proprietary shares of a cooperative apartment corporation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated June 30, 2009, which denied his motion for summary judgment on the complaint and granted the cross motion of the defendant Promenade Holding Corp. for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion of the defendant Eromenade…