Majority
p. 825Morris Cohen, Appellant, v. Leah Weitzner, Respondent.
In an action by a vendee to recover the deposit on a real estate sales contract, and for damages for breach of the contract, for failure of the vendor to tender title in accordance with the terms of the contract, plaintiff appeals from an order of the Supreme Court, Kings County, dated March 26, 1962, which denied his motion for summary judgment. Order affirmed, with $10 costs and disbursements. No opinion. Kleinfeld, Acting P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.