In this action to recover a deposit paid pursuant to an agreement for the purchase of real property, plaintiff appeals from an order of the County Court, Dutchess County, denying his motion for summary judgment *894under rule 113 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Adel, Schmidt, Beldock and Murphy, JJ., concur.