Mendez v. Abel

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is reversed, without costs, and judgment is directed to be entered in favor of plaintiff in the principal sum of $10,000.

Plaintiff brought this action to recover a $10,000 down payment he had paid defendant toward the purchase of a house. On April 4, 2004, plaintiff had obtained a loan approval letter from IndyMac Bank, which was valid until May 20, 2004. On April 19, 2004, plaintiff contracted to purchase a house from defendant and, it is undisputed, made a $10,000 down payment toward the purchase. At that time, the house had not yet…