Order and judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: We agree with Supreme Court that plaintiffs were not entitled to judgment on their complaint. We find, however, that Supreme Court erred in granting defendant judgment on his counterclaim against plaintiffs for the $3,960 deposit by the Freys, which plaintiff Ira Stein returned to the Freys after the property was transferred to third parties...
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