Delsack v. Cumella

—Order of the Supreme *641Court, New York County (Shirley Fingerhood, J.), entered on or about May 27, 1992, which denied defendants’ motion for summary judgment dismissing the complaint and on their counterclaim to retain the deposit, is unanimously reversed on the law to the extent appealed from and the motion granted, without costs or disbursements. The Clerk is directed to enter judgment in favor of the defendants dismissing the complaint.

Plaintiffs, as buyers, and defendants, as sellers, entered into an agreement involving the disposition of a condominium unit. The purchase price was…