186 A.D.2d 958 (1992)

David E. Blask et al., Appellants, v. Robert Miller et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 29, 1992

Yesawich Jr., J.

On or about September 5, 1991 plaintiffs contracted to purchase defendants' real property in the Village of Cooperstown, Otsego County, and paid $10,500 as a down payment to be held in escrow; the purchase price was $175,000. To the extent pertinent here, the contract was made contingent upon (a) the "[p]urchaser obtaining * * * mortgage financing from a banking or lending institution * * * in the sum of $157,500" and (b) "a satisfactory...

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