Grillo v. Camardo

In this Small Claims action plaintiff sues for return of a down payment paid on the signing of a purchase agreement for the purchase and sale of Lewis Restaurant to the plaintiff by the defendants. At the time of the hearing, defendants filed a motion to remove the case to Supreme Court, Cayuga County on grounds that they had filed a complaint in Supreme Court, Cayuga County setting forth two causes of motions, the first alleging that the plaintiff breached the purchase contract and thus they were entitled to retain the down payment and the second seeking consequential damages for the alleged breach.