Green Complex, Inc. v. Smith

*847In an action, inter alia, to recover damages for breach of a contract for the sale of real property and for a judgment declaring that the plaintiff is entitled to recover its down payment, the plaintiff appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Queens County (Gavrin, J.), entered September 12, 2011, as granted those branches of the defendant’s motion which were for summary judgment dismissing the complaint and on his first counterclaim, and to vacate a notice of pendency filed in connection with the subject property, and denied those…