Dazzo v. Kilcullen

In an action, inter alia, for the return of a down payment given pursuant to a contract for the sale of real property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated October 26, 2007, as denied that branch of their cross motion which was for summary judgment on the second cause of action to recover the down payment pursuant to the mortgage contingency clause of the contract and searched the record and awarded summary judgment to the defendant dismissing that cause of action and on the first counterclaim to…