Ordered that the order is affirmed, with costs.
The plaintiff, Russo Enterprises, Inc. (hereinafter Russo), gave the defendant, Citibank, N. A. (hereinafter Citibank), a mortgage on nonresidential property in exchange for a 10-year $2.5 million loan. When Russo sought to prepay the loan before maturity as part of a refinancing transaction, Citibank demanded that Russo pay a prepayment penalty of $294,681. In order to refinance its debts, Russo paid the penalty under...
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