Holliday v. Zambuto

— Order unanimously affirmed with costs. *962Memorandum: Plaintiff sues for specific performance of a real estate sales contract, and defendants counterclaim to recover the down payment on the contract in the sum of $10,000. Defendants moved for summary judgment on the counterclaim. Supreme Court denied the motion, and we affirm.

Defendants contend that they justifiably withdrew from the contract because plaintiff is unable to convey the property free of encumbrances as required by the agreement. They refer specifically to an oil and gas lease, a right-of-way agreement (pipeline) and a telephone…