
    Marcourt Construction Corp., Appellant, v. Madonna Corporation and Others, Respondents.
   Judgment dismissing the plaintiff’s amended complaint on the merits in an action to recover a down payment on account of the purchase price made pursuant to a contract for the purchase of real property unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Adel, JJ.  