Atlas Realty of East Meadow, Inc. v. Ostrofsky

Motion by the defendants and cross motion by the plaintiff for summary judgment.

The complaint pleads an action to recover the down payment ($1,500) on a contract for the sale of real property, together with legal expenses ($750) for attorneys’ fees and examination of title. The answer, in addition to denials of certain allegations of the complaint, pleads a defense of anticipatory breach of the contract and a counterclaim for $30,000 damages resulting from the breach of contract.

The contract is dated February 18, 1967. Insofar as pertinent it provides for the sale of the premises described…