Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff-purchasers entered into a contract to purchase a vacant parcel of land from the defendant-seller. Paragraph 25 of the contract provided as follows: "This sale is contingent upon purchaser securing a permit to build a single family residence on the premises. Purchaser will make application for such permit promptly and shall diligently pursue the same. Seller represents that to the...
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