Prana Partners v. Brittbran Realty, Inc.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 23, 2004, which, after a nonjury trial, dismissed plaintiff buyer’s complaint seeking specific performance, canceled the parties’ contract to transfer real estate, and declared that defendant seller is entitled to retain plaintiffs down payment, unanimously modified, on the law, to vacate the declaration that defendant is entitled to retain plaintiffs down payment, and substitute therefor a declaration that defendant must return the down payment, and otherwise affirmed, without costs.

The trial court correctly…