Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Suffolk County, for entry of a judgment in favor of the plaintiff.
The plaintiff commenced this action to recover a down payment she made to the defendant on a contract for the sale of real property. When the plaintiff could not obtain financing she cancelled the contract. The defendant, asserting that the...
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