The basis of plaintiffs' cross motion to dismiss defendant's motion for summary judgment rescinding the parties' contract was defendant's failure to place the sum of $460,000 in an attorney's escrow account within 60 days of service of the order or to furnish an equivalent undertaking pursuant to CPLR article 25, i.e., his failure to fulfill the condition upon which the motion court restored the cause of action for rescission and repairs to the calendar. This Court modified...
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