It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of plaintiff's motion for summary judgment on the complaint and vacating the award of damages and as modified the order is affirmed without costs.
Memorandum: In May 2007, defendants entered into a contract with plaintiff to purchase real property for $200,000. Defendants' deposit in the amount of $2,000 was held in escrow. The sale did not close, and plaintiff...
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