OPINION OF THE COURT
VITO M. DeSTEFANO, J.
In this action for a declaratory judgment, etc., the plaintiffs move, inter alia, for summary judgment pursuant to CPLR 3212, seeking a declaration that they are entitled to retain a deposit paid by the defendant for the purchase of real property based upon the defendant's failure to close on the "time of the essence" closing date. The plaintiffs also seek an award...
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