Ordered that the order is affirmed, with costs.
On July 31, 2001, the plaintiffs and the defendant entered into a contract of sale for the defendant's real property located in Garden City. In accordance with the terms of the contract, the plaintiffs, as the purchasers, paid the defendant a down payment of $50,000. The contract contained a mortgage contingency clause which provided that it was "conditioned upon" the plaintiffs securing a mortgage loan commitment covering...
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