Fromme v. Lamour

In an action, inter alia, for a judgment declaring the parties’ rights concerning a $10,000 escrow deposit being held by the plaintiff Douglas L. Fromme, under a contract for the sale of real property, the defendant purchaser appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated April 27, 2001, which granted the plaintiffs’ motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

“As a general rule, a party does not carry its burden in moving for summary judgment by pointing to gaps in its opponent’s proof, but…