Appellate Division of the Supreme Court of the State of New York February 27, 1978 (Fata v. Troyanos)

In an action to rescind a contract for the sale of real property, the defendant vendors appeal from (1) an order of the Supreme Court, Westchester County, dated October 18, 1976, which denied their motion for summary judgment and (2) a judgment of the same court, entered February 11, 1977, which, after a nonjury trial, inter alia, awarded plaintiffs $3,400 in damages plus the return of their