Judgment reversed, on the law and the facts, and complaint dismissed, without costs or disbursements.
We agree with the trial court that the binder agreement of sale of certain real estate for $641,000, which provided that the buyer was to take title subject, inter alia, to a second mortgage, then in the sum of $116,000, was sufficient to comply with the Statute of Frauds. However, the sellers were unaware (or had forgotten) that, pursuant to an extension agreement...
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