Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed.
The subject real estate contract was contingent upon the plaintiffs' ability to secure a mortgage commitment for a sum certain. The contract provided, inter alia, that in the event that the plaintiffs were unable to secure a commitment within 45 days from the date of the contract, the seller had the option of refunding all...
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