Defendant Penn-Keystone Realty Corp. (Penn) owned a commercial building in midtown but defaulted on the first mortgage. In 1975 the bank was in the process of foreclosing, and Penn agreed to remit to the bank any tax refund recovered in a tax certiorari proceeding against the City of New York. On December 30, 1975 plaintiff acquired title to the building subject to the first mortgage, and five years later sold the building to another party, Fashion Avenue Atrium Corp. Fashion...
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