Fuchs v. Arutt

In an action to recover a down payment on a contract for the purchase of real property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (DiPaola, J.), dated June 8, 1987, as denied that branch of their motion which was for summary judgment dismissing the first cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The instant action was commenced by the plaintiffs, inter alia, to recover a down payment of $52,000 that they had given to the defendant Arutt in connection with a contract for the…