AD 1 Great Neck, LLC v. Commander Oil Corp.

*760In an action, inter alia, for the return of a down payment made pursuant to a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Nassau County (Driscoll, J.), dated October 8, 2009, which granted the plaintiffs motion for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff (hereinafter the buyer) entered into a contract of sale on April 23, 2007, with the defendants Commander Oil Corp. and AHJ Associates (hereinafter together the sellers) to purchase certain real properties located at 240 East Shore Road…