Final judgment reversed, on the law and the facts, without costs or disbursements, and proceedings remanded to Special Term for further proceedings consistent herewith.
The record reveals that the subject property was sold on January 21, 1976 for $21,000 in cash over an existing first mortgage balance of $124,853.84. In addition, the purchaser assumed responsibility for $11,097.24 in unpaid meter charges and agreed to take title subject to $58,397.07 in interest,...
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