Castaldi v. Multer

—In an action by the purchasers for specific performance and to recover damages for breach of a contract to sell real property, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Jones, J.), entered March 1, 1985, which, after a nonjury trial, denied the remedy of specific performance and instead awarded the plaintiffs their out-of-pocket expenses and the return of down payment, plus interest, attorney’s fees and damages for willful breach.

Judgment affirmed, without costs or disbursements.

The parties entered into a contract for the purchase of the defendants’ house.…