Ordered that the order and judgment is affirmed, with costs.
On March 17, 1992, the plaintiff entered into a contract for the purchase of an apartment from the defendant and paid $22,800 to the defendant's escrowee as a 10% down payment. The contract of sale required the plaintiff to "apply in good faith for [a] Loan from an Institutional Lender within 10 business days after" receipt of the contract. The contract defined an "Institutional Lender" as "any bank, savings...
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