Roga v. Westin

—In an action, inter alia, to recover a down payment on a contract for the sale of real property, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Alpert, J.), dated October 6, 1993, which, inter alia, granted the motion of the defendant Monica Westin for summary judgment dismissing the complaint.

Ordered that the order and judgment is affirmed, with costs.

We agree with the Supreme Court that none of the grounds presented by the plaintiff excused him from performance under the contract. The plaintiff failed to present evidence to support a…