Appellate Division of the Supreme Court of the State of New York July 6, 1995 (Spivak v. Farkas)

Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 23, 1994, which in an action to recover the down payment in a contract for the sale of real property and related expenses, granted plaintiff’s motion for summary judgment, unanimously affirmed, with costs.