Ordered that the order dated September 28, 2017, is reversed insofar as appealed from, on the law, the plaintiffs' motion for summary judgment on so much of the complaint as sought the return of the down payments they paid on the contracts of sale is granted, and that branch of the defendants' cross motion which was for summary judgment in their favor on their first counterclaim is denied; and it is further,
Ordered that the order dated November 13, 2017, is reversed...
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