Judgment unanimously modified and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Ontario County, for further proceedings, in accordance with the following memorandum:
Defendant appeals from a summary judgment awarding plaintiff $4,785 in this action for breach of a contract in which defendant agreed to purchase real property from plaintiff for $32,000. We agree that defendant has presented no cognizable defense to the action and affirm...
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