Hendel v. Scheuer

In an action to recover a down payment on a canceled contract for the sale of real property, the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Marbach, J.), entered December 21, 1987, which, upon the defendant’s motion, made at the conclusion of the plaintiffs’ case, to dismiss the complaint for failure to make out a prima facie case, is in favor of the defendant and against them.

Ordered that the judgment is affirmed, with costs.

The parties entered into a contract dated March 30, 1987 to purchase certain real property. Pursuant to the concededly ambiguous terms…