Order unanimously modified in accordance with memorandum and as modified affirmed, with costs, to respondent.
Memorandum:
Early in 1973 the parties entered into a contract for the sale of certain real property in the City of Buffalo, New York. The purchase contract provided that the plaintiff-vendee pay $2,000 of the $13,000 purchase price in cash and the remainder by assuming a 6% mortgage held by the Cortland Savings Bank. Upon defendant-vendor's refusal...
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