Java Enterprises, Inc. v. Loeb, Block & Partners LLP

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered August 21, 2007, which granted plaintiffs motion for summary judgment declaring that defendants were in default on a real estate contract, dismissing defendants’ counterclaims, and directing the escrow agent to pay to plaintiff the down payment made by defendants on account of the contract, together with interest, unanimously affirmed, with costs.

Plaintiff demonstrated that the contractual conditions as to the state of the subject apartment were met on the date of the *384closing. Upon defendants’ cancellation of the October…