Per Curiam.
This is a submission of a controversy upon an agreed statement of facts pursuant to sections 546-548 of the Civil Practice Act.
Plaintiff seeks to recover the deposits made by him under a contract to purchase an existing leasehold on premises 113-119 West 49th Street, and under a contract to make a lease on premises 121 West 49th Street, in the County and State of New York, on the same covenants and conditions as in the lease affecting premises...
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