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TREFOIL CORP. v. CREED TAYLOR

125 Misc.2d 152 (1984)

Trefoil Capital Corporation, Plaintiff, v. Creed Taylor, Inc., et al., Defendants.

Supreme Court, New York County.

July 27, 1984

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan (Nathaniel T. Helman, Mona D. Shapiro, Marshall J. Cohen and Stephen M. Friedberg of counsel), for plaintiff. Lihn, Menaker & Simpson (Richard G. Menaker of counsel), for CMNY Capital Company, Inc., defendant.

MARTIN EVANS, J.

In this mortgage foreclosure action, CMNY Capital Company, the defendant second mortgagee, seeks to prevent the payment of real estate transfer and gains taxes from the proceeds of the court-ordered sale. In the alternative, it seeks a new auction of the mortgaged premises. Trefoil Capital Company, the first mortgagee, and Penn Jackson Corp., the assignee of the successful purchaser, oppose CMNY's motion.

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