Grace v. Nappa

*599OPINION OF THE COURT

Shapiro, J.

The judgment in favor of the plaintiff should be reversed, his complaint should be dismissed and the action should be remanded for a trial on the counterclaim of defendant-appellant Nappa for specific performance or, in the alternative, for money damages.

On a prior appeal (Grace v Nappa, 48 AD2d 922) we reversed a grant of summary judgment to plaintiff and, inter alia, said:

"Plaintiff and defendant Nappa entered into a contract for the sale of certain real property. The contract price was $525,000. The sum of $52,500 was payable by plaintiff upon the signing of…