Stadtmauer v. Brel Associates IV, L.P.

—Order and judgment (one paper), Supreme Court, New York County (Charles Ramos, J.), entered March 16, 1998, which, in an action for specific performance of the sale of a cooperative apartment, granted defendant seller’s cross motion for summary judgment, declared that defendant is entitled to retain plaintiff buyer’s down payment, and denied as moot plaintiffs main motion for disclosure sanctions, unanimously modified, on the law, to the extent of vacating the declaration and directing defendant to return the buyer’s down payment and, except as so modified, affirmed, without costs.

On March…