L & O HOMES INC. v. BROWN


67 Misc.2d 594 (1971)

L & O Homes Inc., et al., Plaintiffs, v. Susan Brown, Defendant.

District Court of Suffolk County, First District.

September 30, 1971


Attorney(s) appearing for the Case

Berman & Tomaselli for plaintiffs. Estrin & Schroder for defendant.


WILLIAM D. MUNRO, J.

Defendant delivered a $3,000 check to plaintiffs pursuant to the terms of a contract to purchase a house. Plaintiffs deposited the check and it was returned unpaid by the bank with the notation "payment stopped".

I.

Plaintiffs move for summary judgment pursuant to CPLR 3213 made applicable to the District Court by UDCA, § 1004. The relevant portion of CPLR 3213 states...

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