Judgment unanimously affirmed with costs.
Memorandum:
Plaintiffs' conduct amounted to an abandonment of their contract with Basile. Upon learning of the right of first refusal, plaintiffs submitted a new agreement to Basile. They never resubmitted the deposit which had been returned by Basile or made the required October 15 additional payment. They never demanded that Basile close on the agreement or made any effort to secure the necessary financing called...
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