CASELLI v. MESSINA


193 A.D.2d 775 (1993)

598 N.Y.S.2d 265

Pauline Caselli et al., Appellants, v. John J. Messina et al., Respondents, et al., Defendant

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

May 24, 1993


Ordered that the order dated November 19, 1990, is affirmed, with costs.

The plaintiffs entered into a contract with the defendants John J. Messina and Donna Messina for the purchase of real estate for $200,000. Pursuant to the contract, the plaintiffs made a $10,000 down payment, held in escrow by the defendant Michael Ajello, who was the Messinas' attorney. However, the plaintiffs later failed to go through with the contract and sought a return of the $10,000 claiming...

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