Carmona v. McKiernan

In an action, inter alia, to recover a down payment given pursuant to a contract for the sale of real property, the defendant appeals from an order of the Supreme Court, Westchester County (Loehr, J.), entered November 13, 2008, which granted the plaintiffs’ motion for summary judgment on the first cause of action to recover the down payment and accrued interest thereon, and denied her cross motion, in effect, for summary judgment dismissing the complaint and for summary judgment on her counterclaim to retain the down payment.

Ordered that the order is affirmed, with costs.

The plaintiffs…