Ordered that the order is affirmed, with costs.
The plaintiffs (hereinafter the purchasers) entered into a contract with the defendants Michael P. Gallagher and Valerie Gallagher (hereinafter the sellers) to purchase the sellers' home and made a down payment in the sum of $44,250 (hereinafter the deposit). The contract of sale contained a mortgage contingency clause that authorized the purchasers to cancel the contract and obtain a return of their deposit if they...
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