Barkon Realty Corp. v. M.J.D. Management Corp.

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered March 16, 1993, which dismissed plaintiff’s causes of action for specific performance and damages, but ordered the return of plaintiff’s down payment under plaintiff’s third cause of action as modified by order of the same court and Justice, entered August 24, 1993, which, upon reargument, deleted the provision requiring the return of the down payment, but sustained plaintiff s third cause of action, unanimously modified, on the law, by reinstating plaintiff’s first, second, fourth and fifth causes of action, and…