Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint is denied.
The plaintiffs commenced this action, inter alia, to recover a $55,000 down payment made pursuant to a contract for the sale of real property. The defendant seller moved pursuant to CPLR 3211 (a) (1) to dismiss the complaint. In support of its motion, the defendant submitted a purchase agreement, an attorney's affirmation...
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