Ordered that the order and judgment is affirmed, without costs or disbursements.
The parties to this action entered into a contract for the sale of real property dated January 16, 1987, which contained the following provision: "[i]n the event Seller cannot convey title or cause same to be conveyed, in accordance with the terms of this Contract, subject to the encumbrances herein specifically enumerated, the Purchaser shall, at its election, have the right to accept...
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