Morris v. Hochman

In an action, inter alia, to recover a down payment, the defendants appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Nassau County (Alpert, J.), entered June 6, 2001, as granted the plaintiffs motion for summary judgment, denied their cross motion for summary judgment dismissing the complaint, and is in favor of the plaintiff and against them in the principal sum of $83,750.

Ordered that the order and judgment is modified, on the law, by (1) deleting the provision thereof granting the motion for *482summary judgment and substituting…