Caselli v. Messina

In an action for the return of a deposit on a sale of real estate, the plaintiffs appeal, by permission, from an order of the Appellate Term of the Supreme Court for the 2nd and 11th Judicial Districts dated November 19, 1990, which, upon reversing so much of an order of the Civil Court, Kings County (Diamond, J.), entered January 11, 1990, as denied the respondents’ motion for summary judgment, granted the respondents’ motion for summary judgment and dismissed the complaint, and failed to reverse that part of the order that denied the plaintiffs’ cross motion for summary judgment.

Ordered…