Appellate Division of the Supreme Court of the State of New York August 26, 1996 (Ennin v. Carion)

—In an action to recover the down-payment made pursuant to a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated April 20,1995, which granted the defendant’s motion for summary judgment dismissing the complaint and directed the release of the downpayment to her.