Sherman, P.J.
This is an action to recover a $7,500.00 deposit paid by the plaintiffs as prospective purchasers of real estate sold at a foreclosure auction by the defendant-mortgagee. The plaintiffs claim for a return of their deposit is predicated solely on the allegation that the defendant became unable to perform his contractual obligation to convey good and clear title because of the recording of a his pendens on the property.
The defendant answered that...
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