The plaintiffs entered into an Agreement of Purchase and Sale with the defendant seller and provided a deposit to the defendant real estate brokerage.
The seller repudiated the agreement but refused to consent to the return of the deposit, forcing the plaintiffs to commence an action and bring a motion for summary judgment.
The seller eventually consented to the return of the deposit after the motion record was served.
The court awarded the plaintiffs substantial indemnity costs against the seller due to his unreasonable conduct, but awarded no costs against the brokerage.
