Ordered that the order is affirmed, with costs.
On August 27, 2001, the plaintiff entered into a contract to buy real property from the defendant. The contract required, inter alia, that the plaintiff obtain a mortgage commitment from a financial institution in the sum of $400,000. On March 8, 2002, after the original closing date set forth in the contract had passed, and after a number of adjournments, the defendant sent a letter to the plaintiff which declared a...
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