Dobbins v. Moss

—In an action, inter alia, for the return of a down payment pursuant to a contract for the sale of real property, the plaintiffs appeal, as limited upon consent of the parties at oral argument, from so much of an order of the Supreme Court, Nassau County (Alpert, J.), dated September 19, 2002, as granted that branch of the motion of the defendant Joan Moss which was for summary judgment dismissing the complaint.

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

In April 1999 the plaintiffs, Jeffrey Dobbins and Lorraine Mazzola (hereinafter the purchasers), entered into a…