Kera v. DeFilippo

Order, Supreme Court, New York County (Paula Omansky, J.), entered May 30, 2000, which denied plaintiffs’ motion for summary judgment on their first cause of action seeking a return of their down payment, unanimously reversed, on the law, without costs, the motion granted, and the matter remanded for further proceedings, including calculation of damages on such cause of action.

In this action seeking, inter alia, a return of plaintiffs’ down payment, it was asserted that title to the property was unmarketable and uninsurable. Supporting this assertion, plaintiffs moved for summary judgment,…