Almima Partners v. Gherardi

In an action to recover damages for breach of a contract for the sale of real property, the defendant purchaser appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated May 12,1989, which granted the plaintiff’s motion for summary judgment (1) in the amount of $27,500 on the first cause of action, and (2), as to liability only, on the second and third causes of action, and directed a trial on the issue of damages.

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contention, where a purchaser is in breach of a contract for the sale of real…