Opinion
November 27, 1961
In an action by a contract purchaser of 1,230 vacant lots on a tract of land as shown on a certain map of real property, to recover from the seller the total amount paid under the contract of sale, plus an amount expended for examination of title, and to foreclose a vendee's lien on the property for said amounts, the defendant vendor appeals from a resettled order and judgment (one paper) of the Supreme Court, Suffolk County, dated May 1, 1961, granting plaintiff's motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, and awarding judgment to plaintiff against defendant for the sum of $53,920.03. Order and judgment affirmed, with $10 costs and disbursements. No opinion. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.