DI GREGORIO v. NICOSIA


3 Misc.2d 24 (1956)

Salvatore Di Gregorio, Plaintiff, v. Jerry Nicosia, Defendant.

Supreme Court, Special Term, Nassau County.

February 23, 1956.


Attorney(s) appearing for the Case

James G. Blake for plaintiff.

David H. Pasternack for defendant.


HOWARD T. HOGAN, J.

Plaintiff sues to recover a binder of $5,000 paid upon a parcel of real property which he intended to purchase. When he decided against buying the property he demanded the return of this money but it was refused by defendant, who, in her answer to the complaint, alleged by way of an affirmative defense and counterclaim that the $5,000 was in fact given as part payment under an oral contract...

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