Antolotti v. Verderame

— In an .action to recover a down payment on a contract for the purchase of real estate, the defendants appeal from an order of the Supreme Court, Nassau County (Kutner, J.), dated January 25, 1990, which denied their motion for summary judgment and granted the plaintiff's cross motion for summary judgment.

Ordered that the order is affirmed, with costs.

The plaintiff and the defendants entered into a written contract for the sale to the plaintiff of the defendants’ residential condominium for $380,000. The contract was conditioned on the plaintiff’s obtaining, within a 45-day period, a…