Thebaud v. Callari

—In an action for the return of a down payment on a contract to sell real property, the plaintiffs appeal (1) from an order of the Supreme Court, Queens County (Lane, J.), dated November 12, 1991, which denied their motion for summary judgment on their cause of action for return of their down payment, and (2) as limited by their brief, from so much of an order of the same court, dated January 22, 1992, as, upon reargument and renewal, adhered to the original determination made in the order dated November 12, 1991.

Ordered that the appeal from the order dated November 12, 1991, is dismissed, as…