Smith v. Faruolo, Caputi & Weintraub

In an action, inter alia, to recover a down payment made pursuant to a contract for the sale of real property, the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Nassau County (Morrison, J.), dated February 21, 1989, which denied that branch of their motion which was for summary judgment on the claim for the return of the down payment and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the defendant’s cross…