Veeraswamy v. Stern

In an action to recover a down payment made pursuant to a contract for the sale of real property, the plaintiffs appeal from an order of the *1128Supreme Court, Queens County (Agate, J.), entered December 13, 2007, which denied their motion for summary judgment.

Ordered that the order is affirmed, with costs.

“The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact from the case” (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Here, the plaintiffs…