OPINION OF THE COURT Sullivan, J. P. The City of New York appeals from the grant of summary judgment directing the return to plaintiff, a contract vendee, of its $1.3 million down payment under a contract for the sale of real property. The City also seeks, pursuant to CPLR 5517 (b), review of an order denying its motion for reargument of the summary judgment motion and its request for dismissal of the compla…
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