Opinion
April 20, 1942.
Present — Lazansky, P.J., Hagarty, Carswell, Johnston and Taylor, JJ.
In an action to recover a down payment of $1,000, made on a contract for the purchase of real estate, and to impress that amount as a vendee's lien upon the property, judgment in favor of plaintiff and dismissing defendant's counterclaim unanimously affirmed, with costs. No opinion. Pursuant to stipulation, the cross-appeal by plaintiff from part of the same judgment is withdrawn, without costs.