Appellate Division of the Supreme Court of the State of New York February 18, 2003 (DeLaurentis v. Nager)

In an action to recover damages for breach of contract for the sale of real property, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), dated June 17, 2002, which granted the plaintiffs’ motion for summary judgment on the is*486sue of liability and denied his cross motion for summary judgment dismissing the complaint.