Opinion
May, 1928.
Judgment modified by providing, in place of a dismissal of the complaint, that plaintiff recover of defendants the sum of $1,000, and as so modified affirmed, without costs. We are of opinion that under the circumstances plaintiff is equitably entitled to the return of the down payment. Lazansky, P.J., Rich, Young, Seeger and Scudder, JJ., concur. Settle order on notice.