Judgment and order reversed on the law, with costs to the appellants, and defendant's motion for judgment on the pleadings denied, with $10 costs.
Memorandum:
We feel that the Special Term was in error in granting defendant's motion for judgment on the pleadings. Section 240-a of the Real Property Law does not deprive a vendee of the right of specific performance with abatement. Said section (subd. 1, par. [a]) renders unenforcible insofar
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