Judgment unanimously reversed, on the law and facts, with costs, defendant's counterclaim reinstated and matter remitted to Supreme Court, Monroe County, for further proceedings, in accordance with the following memorandum:
In this action by plaintiff, who breached a contract to purchase real property procured for him by defendant, his broker, and owned by third-party defendants, it was error to order the escrow deposit returned to plaintiff, to dismiss defendant...
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