Order and judgment affirmed, with costs.
On or about January 4, 1982, the plaintiff as vendee, and the respondent as vendor, signed a "Binder Agreement" pursuant to which the respondent proposed to sell to the plaintiff certain property in Rockland County for the sum of $50,000. One per cent, or $500, of the purchase price was paid to the respondent at the time the binder was signed. The binder provided that this amount "except for 250 Dollars shall be refunded to...
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