Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's cross motion which was for summary judgment dismissing the plaintiffs' claim for the return of the down payment is denied, that claim is reinstated, that branch of the plaintiffs' motion which was for summary judgment on their claim for the return of their down payment is granted; and the matter is remitted to the Supreme Court, Nassau County, for entry of...
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