Fucarino v. Tide Way Homes, Inc.

—In an action, inter aha, for the return of a down payment on a contract for the sale of real property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Carter, J.), dated March 6, 2002, as granted that branch of the plaintiffs’ motion which was for summary judgment on the cause of action to recover the plaintiffs’ down payment and denied their cross motion for summary judgment dismissing the complaint, and the plaintiffs cross-appeal from so much of the order as denied that branch of their motion which was for leave to amend the…