On August 15, 1980, plaintiff sent to defendant's real estate agent, Picotte Real Estate, Inc. (hereinafter Picotte), a written offer to purchase for $425,000 defendant's land and the building situated thereon at 1863 Central Avenue in Colonie, New York. A $20,000 deposit accompanied the offer which specifically provided that the money was to be refunded if the offer was not accepted. By its express terms the offer further provided that it was not to be deemed a contract...
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