Lisenenkov v. Kaszirer

*1185OPINION OF THE COURT

Edward H. Lehner, J.

Before the court is a motion by plaintiff for summary judgment on her complaint in which she seeks the return of the down payment of $84,000 made by her pursuant to a contract with defendant Kaszirer for the purchase of a unit in the condominium building known as 304 East 65th Street in Manhattan. The prime legal issue raised is whether plaintiff is entitled to recover same when the title company retained by her declined to insure title to the unit without exceptions as a result of the refusal of the board of managers of the condominium to certify that…