Modified, on the law, to the extent of reversing so much of the order as granted the cross motion dismissing the complaint and denying said cross motion; and otherwise affirmed, without costs.
This action arises out of a contract under which defendant agreed to sell a co-operative apartment to plaintiff and another. The agreement fixed the closing date as January 25, 1980, and provided that the deposit was to be returned to the purchasers and the agreement terminated...
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