Tejani v. Allied Princess Bay Co.

—In an action for the return of a down payment on a contract to convey real property, in which the defendant has counterclaimed for a judgment declaring it entitled to retain the down payment, the defendant appeals from an order and judgment (one paper) of the Supreme Court, Richmond County (Sangiorgio, J.), dated July 14, 1992, which, inter alia, upon granting the plaintiff’s motion for *619summary judgment, and denying that branch of the defendant’s motion which was for summary judgment, is in favor of the plaintiff and against the defendant in the principal sum of $41,000.

Ordered that the…