Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.
The plaintiffs (hereinafter the buyers) brought this action to recover the down payment on a contract to purchase a home. Under the terms of the contract, the closing was to occur on or about July 10, 2003, "but not later than 8/10/03." On August 10, 2003...
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