Correnti v. Allstate Properties, LLC

*589In an action to recover damages for breach of a contract for the sale of real property, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Parga, J.), dated September 2, 2005, as granted the plaintiffs’ cross motion for summary judgment on their cause of action for the return of their down payment and dismissing the defendant’s counterclaim to recover damages for breach of contract.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the plaintiffs’ cross motion for summary judgment is denied, and the defendant’s counterclaim is…