Galasso v. Ferraro

—In an action to recover a down payment on a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated December 17, 1999, which denied her motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Suffolk County, for entry of a judgment in favor of the plaintiff.

The plaintiff commenced this action to…