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BRAND v. NORDGREN

2009-11274.

82 A.D.3d 923 (2011)

919 N.Y.S.2d 61

LEIGH ANDREW BRAND III et al., Appellants, v. ANN-MARIE NORDGREN, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 15, 2011.

Ordered that the order is affirmed, with costs.

The plaintiffs (hereinafter together the purchasers) and the defendant (hereinafter the seller) entered into a contract for the sale of certain real property, which, inter alia, required the purchasers to tender a down payment to the seller in the sum of $86,000. The purchasers and the seller subsequently executed a side letter agreement, which recited that, with certain exceptions, $20,000 of the $86,000 down payment...

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