Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law, the order is vacated, the plaintiffs' motion is denied, the defendants' cross motion is granted to the extent that the complaint is dismissed, and it is declared that the defendants are entitled to retain the plaintiffs' down payment on the contract as liquidated damages, and the matter is remitted to the Supreme Court, Westchester County, for...
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