Ilemar Corp. v. Krochmal

In an action to recover the down payment made pursuant to a contract for the sale of real property, and to recover certain expenses and fees incurred in connection therewith, defendants appeal (1) from an order of the Supreme Court, Suffolk County, dated June 26, 1974, which, inter alia, (a) granted plaintiffs motion for summary judgment, to the extent of the amount of the down payment, (b) severed the remainder of plaintiff’s cause of action and (c) directed an assessment of damages as to that remainder and (2) from a judgment of the same court, entered July 17, 1974, in favor of plaintiff…