Ordered that the order and judgment is affirmed, without costs or disbursements.
The plaintiff does not dispute that the mortgage for which he applied was in an amount that was $100,000 greater than that required under the express terms of the mortgage contingency clause of the contract which provided for a commitment "of 2,000,000". Therefore, it is clear that the plaintiff breached the contract as a matter of law and that he is not entitled to recover the down payment...
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