Dalto v. Incorporated Village

—In an action, inter alia, for rescission of a contract based upon mistake and fraud, and to recover a down payment which accompanied a bid to purchase certain property, the plaintiff appeals, as limited by *302his brief, from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (DeMaro, J.), dated December 12, 1997, as granted the defendant’s motion for summary judgment and dismissed the complaint.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action seeking to recover his down payment which…