Ramnarain v. Ramnarain

In an action, inter alia, for the partition of real property, the defendant Chandradat Ramnarain appeals from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated October 1, 2004, as directed the *396return of the plaintiffs down payment on the sale of the property.

Ordered that the order is reversed insofar as appealed from, on the law, with costs.

The plaintiff was the high bidder at an auction for the sale of the real property that is the subject of this action, and made a down payment to the referee. The Supreme Court, although finding the plaintiff in default of the…