Judgment reversed, with costs, motion denied, and matter remitted to the Supreme Court, Nassau County, for further proceedings.
Plaintiff and defendant Simmons entered into an option agreement for the sale of real property. The option agreement provided that Simmons was granted an assignable option upon sale terms which included plaintiff's obligation to provide a purchase-money mortgage. Thereafter, Simmons assigned the option to defendant Ronka Realty Corp., a close...
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