DMOCHOWSKI v. ROSATI


96 A.D.2d 718 (1983)

Edward Dmochowski et al., Respondents, v. Daniel Rosati et al., Appellants

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

July 11, 1983


Order of Erie County Court and judgment of Hamburg Village Small Claims Court unanimously reversed, without costs, and complaint and counterclaim dismissed.

Memorandum:

Plaintiffs agreed to buy and defendants agreed to sell a parcel of real property. Plaintiffs paid $2,000 down and thereafter defaulted. Defendants refused to return the down payment, whereupon plaintiffs obtained a judgment in Small Claims Court for $1,500, the jurisdictional limit of that...

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