M Squared New Rochelle, LLC v. G&G Properties, LLC

In an action for a judgment declaring that the plaintiff is not in breach of a certain contract for the sale of real property and that the defendant is not entitled to retain the plaintiff’s *1091$500,000 down payment, the defendant appeals from (1) an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered August 21, 2007, which, upon granting the plaintiffs application to convert the defendant’s motion, inter alia, to compel the release from escrow of the plaintiffs $500,000 down payment into a motion for summary judgment declaring that the plaintiff is in breach of the contract,…