Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment on the complaint is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that no binding contract between the parties for the sale of real property was formed and that the plaintiffs are entitled to the return of their down payment, which was deposited into court pursuant to an...
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