In an action to recover a down payment for the purchase of real estate, the defendant Frederick Bittner, Jr., appeals from (1) a judgment of the Supreme Court, Dutchess County (Bellantoni, J.), dated April 6, 1998, which, after a nonjury trial, is in favor of the plaintiff and against him in the principal sum of $15,500, the amount of the down payment, and (2) so much of an order of the same court, dated July 20, 1998, as denied his motion, inter alia, to dismiss the...
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