ECKEL v. FRANCIS II


5 A.D.3d 719 (2004)

774 N.Y.S.2d 552

JAMES ECKEL, Respondent, v. JAMES D. FRANCIS II et al., Appellants, et al., Defendants.

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

March 29, 2004.


Ordered that the order and judgment is reversed insofar as appealed from, on the law, the plaintiff's motion is denied, the appellants' motion for summary judgment is granted, the second and fifth causes of action in the complaint insofar as asserted against the appellants are dismissed, the appellants are directed to return the down payment to the plaintiff, and it is declared that the contract was validly cancelled; and it is further,

Ordered that the appeal from...

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