Thompson v. Barry Berman Realty Associates

—In an action, inter alia, to recover a down payment on a contract for the sale of real property, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated November 26, 2001, as denied his motion for summary judgment and granted those branches of the cross motion of the defendant which were for summary judgment on its counterclaims and to vacate the notice of pendency.

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

It is well settled that “[w]hen an agreement between the parties is clear and…