Ordered that the order is modified, on the law, by deleting the provision thereof which, upon searching the record, awarded summary judgment to the defendant dismissing the complaint and directing the return of the down payment to the defendant; as so modified, the order is affirmed, without costs or disbursements.
The plaintiffs, as sellers, and the defendant, as purchaser, entered into a contract for the sale of real property. Under the contract, the defendant tendered...
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