Appellate Terms of the Supreme Court of New York November 19, 1990 (Caselli v. Messina)

lead-opinion

*672OPINION OF THE COURT

Memorandum.

Order modified with $10 costs to defendants, motion for summary judgment in favor of the defendants granted and complaint dismissed and, as so modified, order affirmed.

Plaintiffs entered into a contract to purchase the house of the defendants Messina and pursuant to the contract, a down payment was deposited with the defendant Ajello.