Appellate Division of the Supreme Court of the State of New York June 25, 2009 (Beagle Developers, LLC v. Long Island Beagle Club No. II, Inc.)

Appeal from order, Supreme Court, New York County (Her*608man Cahn, J.), entered September 4, 2008, which, in an action to recover a down payment on a real estate transaction, denied plaintiff buyer’s motion for summary judgment and granted the motions by defendants Long Island Beagle Club, Inc. and Long Island Beagle Club No. II, Inc.