Ordered that the order and judgment is affirmed, with costs.
The plaintiffs, who had contracted to purchase a parcel of land with a home built upon it from the defendants, sought in this action to recover their $18,000 down payment which was retained by the defendants after the plaintiffs failed to appear at three scheduled closings. Where, as here, a buyer has been given adequate opportunity to perform under a contract for the sale and purchase of real property and...
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