Ordered that the order is affirmed insofar as appealed from, with costs.
At the time of the closing on the sale of their property, the appellants were unable to satisfy and discharge a mortgage held by the defendants Sam and Liba Elberger. In order to permit the closing to proceed, the appellants agreed to deposit $88,000 with the purchasers' title insurance company, the plaintiff in this action, to be held in escrow until a satisfaction of mortgage was obtained from...
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