The stipulation of settlement declared, in part, that in the event defendants were thereafter to file plans or apply to the New York City Department of Buildings (DOB) and commence construction of residential or commercial space higher than the highest roof on the current structure, the $2 million termination fee due plaintiff would be increased by another $1.5 million. Plaintiff alleged, in its first cause of action, that defendants breached that provision, entitling it...
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