Wojciechowski v. Birnbaum

—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered December 11, 1991, which, in an action to recover the down payment on the sale of a cooperative apartment, granted defendant seller’s motion for summary judgment and denied plaintiffs buyers’ cross motion for summary judgment, and order of the same court, entered April 16, 1992, which denied plaintiffs’ motion to reargue and renew, unanimously affirmed, with costs.

We agree with the IAS Court that plaintiffs breached the contract and that defendant Birnbaum is therefore entitled to retain the down payment. Plaintiffs argue…