Appellate Division of the Supreme Court of the State of New York April 7, 2009 (Emanuel Development Corp. v. Spring Road LJR/NIBA Associates, LLC)

In an action for the return of a down payment given pursuant to a contract for the sale of real property, the plaintiff appeals, as limited by its brief, from so much of (1) an order of the Supreme Court, Nassau County (Brandveen, J.