Appellate Division of the Supreme Court of the State of New York October 25, 2017, 2016-02865 (Miloslavskaya v. Gokhberg)

— In an action, inter alia, to recover a down payment made pursuant to a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Kings County (F. Rivera, J.), dated January 26, 2016, which, after a hearing, denied their motion for leave to enter a default judgment upon the plaintiffs’ alleged failure to reply to their counterclaims.