Ordered that the order is reversed, on the law, with costs, the motion of the defendants Barry Furst and Phyllis Furst for summary judgment dismissing the complaint insofar as asserted against them and on their counterclaim to retain the down payment is granted, and the plaintiffs' cross motion for summary judgment on the complaint is denied.
The Supreme Court erred in granting the plaintiffs' cross motion for summary judgment on the complaint, and denying the motion...
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