OREA v. D'AURIA


160 A.D.2d 694 (1990)

Antonio Orea et al., Appellants, v. Peter D'Auria et al., Respondents

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

April 2, 1990


Ordered that the order and judgment is affirmed, with costs.

The plaintiffs, who had contracted to purchase a parcel of land with a home built upon it from the defendants, sought in this action to recover their $18,000 down payment which was retained by the defendants after the plaintiffs failed to appear at three scheduled closings. Where, as here, a buyer has been given adequate opportunity to perform under a contract for the sale and purchase of real property and...

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