Supreme Court, Appellate Division, Second Department, New York.
Louis GOLDSTEIN, Appellant-Respondent,
v.
Herbert STERN and Margarita Stern, Respondents-Appellants.
Dec. 10, 1962.
  Action to recover down payment and title examination expense on a contract for 
the sale to plaintiff of defendants' real property and to impress a lien upon 
the property for the amount of such expense.  The Supreme Court, Queens County, 
Harold J. Crawford, J., 32 Misc.2d 779, 224 N.Y.S.2d 816, denied summary 
judgment and plaintiff appealed.  The Supreme Court, Appellate Division, held 
that the record presented a triable issue of fact precluding summary judgment.
  Affirmed.
West Headnotes
Judgment  181(29)
228k181(29) Most Cited Cases
Record presented in action to recover down payment and title examination expense 
under contract for sale to plaintiff of defendants' realty, and to impress a 
lien thereon, presented a triable issue of fact precluding summary judgment.  
Rules of Civil Practice, rule 113, subds. 1, 2.
  **890 Dreyer & Traub, Brooklyn, for appellant; Samuel Kirschenbaum, Brooklyn, 
of counsel.
  Harry Roter, New York City, for respondent; D. George Paston, New York City, 
of counsel.
  Before BELDOCK, P. J., and UGHETTA, BRENNAN, HILL and HOPKINS, JJ.
  MEMORANDUM BY THE COURT.
  *672 In an action to recover the down payment and the title examination 
expense on a contract for the sale to plaintiff of defendants' real property, 
**891 and to impress a lien upon the property for the amount of such payment and 
expense, the plaintiff appeals from an order of the Supreme Court, Queens 
County, dated February 7, 1962, whichdenied his motion for summary judgment; and 
the defendants cross appeal from said order insofar as it fails to grant them 
summary judgment against the plaintiff (Rules Civil Practice, rule 113, subds. 
1, 2).
  On plaintiff's appeal:  Order affirmed, without costs.
  On defendants' cross appeal:  Order, insofar as appealed from, affirmed, 
without costs.
  The record presents triable issues of fact which preclude the granting of 
summary judgment in favor of either the plaintiff or the defendants.
235 N.Y.S.2d 890, 18 A.D.2d 672
END OF DOCUMENT
Supreme Court, Appellate Division, Second Department, New York.
Louis GOLDSTEIN, Appellant-Respondent,v.Herbert STERN and Margarita Stern, Respondents-Appellants.

Dec. 10, 1962.

  Action to recover down payment and title examination expense on a contract for the sale to plaintiff of defendants' real property and to impress a lien upon the property for the amount of such expense.  The Supreme Court, Queens County, Harold J. Crawford, J., 32 Misc.2d 779, 224 N.Y.S.2d 816, denied summary judgment and plaintiff appealed.  The Supreme Court, Appellate Division, held that the record presented a triable issue of fact precluding summary judgment.
  Affirmed.

West Headnotes
Judgment  181(29)228k181(29) Most Cited Cases
Record presented in action to recover down payment and title examination expense under contract for sale to plaintiff of defendants' realty, and to impress a lien thereon, presented a triable issue of fact precluding summary judgment.  Rules of Civil Practice, rule 113, subds. 1, 2.  **890 Dreyer & Traub, Brooklyn, for appellant; Samuel Kirschenbaum, Brooklyn, of counsel.
  Harry Roter, New York City, for respondent; D. George Paston, New York City, of counsel.

  Before BELDOCK, P. J., and UGHETTA, BRENNAN, HILL and HOPKINS, JJ.

  MEMORANDUM BY THE COURT.
  *672 In an action to recover the down payment and the title examination expense on a contract for the sale to plaintiff of defendants' real property, **891 and to impress a lien upon the property for the amount of such payment and expense, the plaintiff appeals from an order of the Supreme Court, Queens County, dated February 7, 1962, whichdenied his motion for summary judgment; and the defendants cross appeal from said order insofar as it fails to grant them summary judgment against the plaintiff (Rules Civil Practice, rule 113, subds. 1, 2).
  On plaintiff's appeal:  Order affirmed, without costs.
  On defendants' cross appeal:  Order, insofar as appealed from, affirmed, without costs.
  The record presents triable issues of fact which preclude the granting of summary judgment in favor of either the plaintiff or the defendants.
235 N.Y.S.2d 890, 18 A.D.2d 672
END OF DOCUMENT