Opinion
December 18, 1961
In an action for the recovery of money paid on account of the purchase price under a contract for the purchase and sale of real property, defendant appeals from an order of the Supreme Court, Westchester County, entered April 25, 1961 denying its motion to dismiss the complaint for insufficiency, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.