Newmark v. Weingrad

In an action by vendees to recover their down payment and expenses on a contract for the. sale of certain real property, (1) defendants, one of whom is the third-party plaintiff, appeal from an order of the Supreme Court, Queens County, dated July 23, 1973, which denied their motion for summary judgment in their favor against plaintiffs and in the third-party plaintiff’s favor against the third-party defendant; and (2) plaintiffs cross-appeal from the order insofar as it denied summary judgment to them. Order modified, on the law, by adding thereto a provision granting summary judgment to…