SALERNO v. D'ALESSANDRO


213 A.D.2d 391 (1995)

623 N.Y.S.2d 305

Alphonse Salerno et al., Appellants, v. Richard P. D'Alessandro et al., Respondents

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

March 6, 1995


Ordered that the judgment is affirmed, with costs.

The plaintiffs, as buyers, refused to close on a real estate contract that they had entered into, claiming among other things, that the premises contained a substantial number of major defects. The defendants, the sellers, declined to return the buyers' down payment, asserting that the buyers had breached the contract. In response, the buyers commenced this action to recover their down payment. In their complaint...

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