Gundel v. Grady

In an action, inter alia, to recover a down payment for the purchase of real property, the defendants Robert and Lisa Grady appeal from so much of a judgment of the Supreme Court, Dutchess County (Hillery, J.), dated August 6, 1990, as, upon granting the plaintiffs’ motion for summary judgment, directed the defendants to return the plaintiffs’ down payment, with interest, plus the cost of a survey and title examination.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

On December 14, 1989, the plaintiff buyers and the defendant sellers entered into an agreement for…