Opinion
2001-11137
Submitted January 14, 2003.
February 18, 2003.
In an action, inter alia, for specific performance of a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Queens County (Posner, J.), dated November 14, 2001, which granted the plaintiff's motion for a preliminary injunction and denied their cross motion for summary judgment dismissing the complaint.
David Horowitz, P.C., New York, N.Y. (Martin B. Nadle of counsel), for appellants.
Strauss Strauss (Warren S. Hecht, Forest Hills, N.Y., of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court's determination that the seller's return of the down payment does not preclude the buyer from seeking specific performance of the contract (see Kline v. Apostolakos, 176 A.D.2d 784).
The appellants' remaining contentions are without merit.
RITTER, J.P., GOLDSTEIN, LUCIANO and SCHMIDT, JJ., concur.