Levy v. 315 West 79th Street Corp.

The complaint in this action was dismissed and defendant was awarded judgment against the plaintiff for over $30,000 on its counterclaim.

The action was brought to recover $5,000 by the purchaser of real property which he had deposited with the seller on the signing of the contract of purchase and $750 as attorney’s fees expended in searching title to the premises. The complaint also asked the foreclosure of a vendee’s lien for said $5,000 against the property.

The contract, by its terms, made the deposit and expense of title searching liens on the property if the seller failed to tender a good…