Hiller v. Helen L. Lips Realty, Inc.

OPINION OF THE COURT

Rudolph U. Johnson, J.

Defendant, Helen L. Lips Realty, Inc., pursuant to notice of motion, seeks an order dismissing the complaint of the plaintiff, Judy Hiller, on the grounds that it fails to state a cause of action.

Plaintiff’s complaint alleges in substance that on January 16, 1976, defendant, as agent of the plaintiff, negotiated a sale of plaintiff’s residence and accepted as a deposit checks totaling $2,400. These checks were never cashed by defendant. Subsequently, the purchaser refused to close the transaction *368and, on February 4, 1976, stopped payment on the…