Bigfoot Media Props., LLC v Cushman In T, LLC, 2020 NY Slip Op 03887 [185 AD3d 771]

July 15, 2020

Appellate Division, Second Department

[*1]

Bigfoot Media Properties, LLC, Appellant,

v

Cushman In T, LLC, Respondent, et al., Defendant.

George S. Bellantoni, White Plains, NY, for appellant.

Belowich & Walsh LLP, White Plains, NY (Joanna F. Sandolo and Daniel G. Walsh of counsel), for respondent.

In an action, inter alia, to recover damages for breach of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lewis J. Lubell, J.) dated March 21, 2018. The order, insofar as appealed from, denied that branch of the plaintiff’s motion which was for summary judgment on so much of the complaint as sought the return of a down payment in the principal sum of $200,000 plus accrued interest, and granted the cross motion of the defendant Cushman In T, LLC, for summary judgment dismissing the complaint insofar as asserted against it and on its counterclaim for a judgment declaring that it is entitled to retain the down payment.

Ordered that the appeal is dismissed, without costs or disbursements, as the order appealed from was superseded by an order of the same court dated July 31, 2008, made upon reargument ( see Bigfoot Media Props., LLC v Cushman In T, LLC , 185 AD3d 772 [2020] [decided herewith]). Scheinkman, P.J., Duffy, Connolly and Christopher, JJ., concur..