V.A. Tellis v. Briamar Associates

In an action for the rescission of a contract to purchase real property and to recover a down payment made pursuant thereto, the defendants appeal from a judgment of the Supreme Court, Westchester County (Silberman, J.H.O.), entered March 23, 1989, which, after a nonjury trial, rescinded the contract and awarded the plaintiffs their down payment with interest.

Ordered that the judgment is affirmed, with costs.

The plaintiffs (hereinafter the buyers), contracted to purchase a parcel of land from the defendants (hereinafter the sellers), improved with a residence to be built by the sellers. The…