Ordered that the order and judgment is modified by deleting the provision thereof which granted the defendants' motion to dismiss the complaint on condition that the defendants reimburse the plaintiff for his title expenses and surveyors' services in the sum of $2,400 and return the contract deposit of $4,000, and substituting therefor a provision denying the defendants' motion; as so modified, the order and judgment is affirmed, with costs to the plaintiff, the order and...
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