Opinion
March 19, 1962
In an action by vendees to recover money paid as a deposit on a contract for the purchase of real property and to recover damages by reason of the vendor's breach of the contract, in which the defendant vendor, Jennie De Lano, asserted a counterclaim for damages based on the plaintiffs' alleged breach of the contract, the said defendant appeals from: a decision of the City Court of Mount Vernon, dated May 31, 1961; and (2) from a judgment of the same court dated June 1, 1961, entered on said decision after a nonjury trial, in favor of plaintiffs for $2,600.25 against said defendant, and dismissing her counterclaim on the merits. Judgment affirmed, with costs. No opinion. Appeal from decision dismissed, without costs. No appeal lies from a decision. Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.