Opinion
March 29, 1954.
In an action by vendees of real property to impress a lien thereon and to recover the amount paid on account of the contract of sale, on the ground of alleged false representations as to the condition of the building and other matters, the appeal is from an order denying appellants' motion for summary judgment. Order affirmed, with $10 costs and disbursements. (Cf. Massler v. Smit, 279 App. Div. 941, and Hellinger v. Abeles, 283 App. Div. 726.) Nolan, P.J., Wenzel, MacCrate and Beldock, JJ., concur; Adel, J., concurs but adheres to his views expressed in the dissenting memorandum in Hellinger v. Abeles ( 283 App. Div. 726, 727).