Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment is granted.
The defendant agreed to purchase certain real property from the plaintiff for a total sum of $875,000, including a note payable to the plaintiff in the sum of $550,000, secured by a purchase money mortgage. The contract expressly stated that the sale was "subject to the subdivision and contemporaneous sale at the time of closing" of...
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