Markovitz v. Kachian

Orders, Supreme Court, New York County (Charles E. Ramos, J-), entered December 12, 2005 and January 9, 2006, which, in an action for return of a down payment on a contract for the sale of real property, denied plaintiffs motion for summary judgment, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment in favor of plaintiff against defendants in the amount of $350,000, with interest from August 11, 2004.

No issues of fact exist as to plaintiffs good faith attempt to obtain a mortgage in the amount specified in the contract’s mortgage…