Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs, as purchasers, and the defendant, as seller, entered into a contract for the sale of real property. Upon executing the contract, the plaintiffs paid to the defendant a down payment in the sum of $40,000. The contract was contingent on the plaintiffs' ability to obtain a written mortgage commitment within 45 days of the date of the agreement, and required that the plaintiffs "promptly...
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