Candullo v. Nicosia

*1074In an action to retain a down payment as liquidated damages for breach of a contract for the sale of real property, the defendants Roy Nicosia and Suzanne M. Feldman appeal from so much of an order of the Supreme Court, Rockland County (Walsh II, J.), dated June 13, 2011, as denied their cross motion for summary judgment dismissing the complaint insofar as asserted against them, and the plaintiffs cross-appeal from so much of the same order as denied their motion for summary judgment on the complaint.

Ordered that the cross appeal is dismissed, for failure to perfect the same in accordance…