PINHAS v. COMPERCHIO


50 A.D.3d 1117 (2008)

857 N.Y.S.2d 616

HAIM PINHAS et al., Appellants, v. PAULINE COMPERCHIO et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 29, 2008.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint and for judgment on the counterclaim of the defendant Pauline Comperchio (hereinafter the seller) for the amount of the down payment made by the plaintiffs Haim Pinhas and Margaliy Laniado (hereinafter the purchasers). The seller established her prima facie entitlement to judgment as a matter of law that she was ready...

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