Opinion
2002-06398
Argued February 6, 2003.
March 3, 2003.
In an action for the return of a down payment on a real estate contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Molia, J.), entered May 24, 2002, which granted the plaintiff's motion for summary judgment and directed the return of the plaintiff's down payment.
Regina Seltzer, Bellport, N.Y. (Eric Seltzer of counsel), for appellants.
James McManmon, Riverhead, N.Y., for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
When a contract's language is unambiguous, a court will enforce its plain meaning rather than rewrite the agreement (see Laba v. Carey, 29 N.Y.2d 302, 308). Contrary to the defendants' contentions, the Supreme Court properly granted the plaintiff's motion for summary judgment. The defendants' failure to provide documentation to remove a cloud on title arising from a neighbor's encroachment constituted a breach of contract entitling the plaintiff to the return of her down payment (see Goldsmith v. Layton, 300 A.D.2d 353 [2d Dept, Dec. 9, 2002]; W.W.W. Assocs. v. Giancontieri, 77 N.Y.2d 157).
SANTUCCI, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.