Kline v. Apostolakos

— In an action for specific performance of a contract for the sale of real property, the defendant appeals from an order of the Supreme Court, Suffolk County (Brown, J.), dated October 27, 1989, which denied his motion for summary judgment dismissing the complaint and awarding judgment on his counterclaims.

Ordered that the order is affirmed, with costs.

*785Contrary to the defendant’s contention, the record fails to demonstrate that the plaintiff requested the return of her down payment in settlement of her claim for specific performance of the parties’ contract. Moreover, neither the check…