Ordered that the order is affirmed insofar as appealed from, with costs.
On May 3, 2010, the defendants David Dolitsky and Joann Dolitsky (hereinafter together the buyers) entered into a contract to purchase real property from the plaintiff (hereinafter the seller) for $492,300. Upon execution of the contract, the buyers tendered a down payment of $25,000. A rider to the contract contained a mortgage contingency clause providing that the buyers' obligation to purchase...
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