Bord v. Brindisi

Judgment unanimously reversed, with costs, and motion denied. Memorandum: In this action to recover plaintiffs’ downpayment on a contract to buy real property for the sum of $25,000, on the ground that defendant Mary Brindisi did not have good title to the property, defendant denies such allegation and counterclaims for damages because of plaintiffs’ failure to perform the contract. The court granted plaintiffs’ motion for summary judgment principally because the supporting papers contained an affidavit by a surveyor that the building which was assumed to be located on the premises was only…