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Steven Long and Nadia Delpozo v. Hope Ministries

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


May 24, 2011

STEVEN LONG AND NADIA DELPOZO,
RESPONDENTS,
v.
HOPE MINISTRIES, INC., APPELLANT, -AND- JEFFREY B. HULSE, AS ESCROW AGENT,
DEFENDANT.

Appeal from a judgment of the District Court of Suffolk County, Sixth District (Stephen L. Ukeiley, J.), entered July 30, 2009. The judgment, after a non-jury trial, awarded plaintiffs the principal sum of $5,000 as against defendant Hope Ministries, Inc.

Long v Hope Ministries, Inc.

Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 24, 2011

PRESENT: :MOLIA, J.P., TANENBAUM and LaCAVA, JJ

ORDERED that the judgment is affirmed, without costs.

Plaintiffs Steven Long and Nadia Delpozo entered into a contract with Hope Ministries, Inc. to purchase property, located in Suffolk County, and in connection therewith, they made a $5,000 down payment. Insofar as relevant to this appeal, the contract of sale set forth two contingencies whereunder plaintiffs, upon making timely demand, would be entitled to a refund of their down payment. Thereafter, an amendment to the contract of sale was signed. Plaintiffs brought this small claims action to recover their down payment. After a non-jury trial, the District Court awarded plaintiffs judgment, concluding that, pursuant to the amendment, plaintiffs were entitled to a refund of their down payment. Defendant Hope Ministries, Inc. appeals.

Upon a review of the record, we conclude that the District Court's interpretation of the amendment effected substantial justice between the parties according to the rules and principles of substantive law (UDCA 1807). Consequently, the judgment is affirmed.

Molia, J.P., Tanenbaum and LaCava, JJ., concur.

Decision Date: May 24, 2011

20110524

© 1992-2011 VersusLaw Inc.



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