Ordered that the judgment is reversed, on the law and the facts, with costs, and it is declared that the plaintiff is not entitled to retain the deposit.
The plaintiff owns a parcel of approximately 170 acres of land in Patterson, New York. In the late summer or early fall of 2001, Peter Oberlink, the defendant's vice-president, began discussing the prospect of purchasing the property with the plaintiff's real estate broker. After certain terms including the purchase...
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