Stathakis v. Poon

—In an action for the return of a down payment on a real estate contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated August 20, 2001, which denied his motion for summary judgment and granted the cross motion of the defendant Samuel H. Poon for summary judgment dismissing the complaint insofar as asserted against him and for summary judgment on his counterclaim to recover damages for breach of contract.

Ordered that the order is affirmed, with costs.

The plaintiff, as purchaser, and the defendant Samuel H. Poon (hereinafter the defendant), as…