Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of an appropriate judgment in favor of the plaintiff, including, inter alia, a declaration that the defendants are not entitled to retain the down payment.
The plaintiff (hereinafter the purchaser) entered into a contract with the defendants (hereinafter the sellers) to purchase the sellers' home, depositing...
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