Weschler v. Winter

Edward Robinson, Jr., J.

This is a motion made by the plaintiff for summary judgment pursuant to rule 113 of the Rules *955of Civil Practice. The action is brought by the plaintiff to recover a deposit of down payment of $1,500 under a contract for the sale of real property.

On the 27th day of September, 1957 the plaintiff as purchaser entered into a contract in writing with the defendant for the purchase and sale of a residence at Woodmere, Nassau County, New York.

The contract contained the following condition: “ This sale is conditioned upon the purchaser obtaining a United States Veteran’s…