Ordered that the order is affirmed, with costs.
In moving for summary judgment, the defendants established that they contracted to sell the plaintiffs a new 1989 Ferrari F-40 for $275,000, and that the contract provided that in the event that the manufacturer did not deliver the car, the plaintiffs' $50,000 deposit would be refunded. The defendants further established that the 1989 model was not available in the United States, and that the F-40 was first available...
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