Appellate Division of the Supreme Court of the State of New York November 30, 1971 (Felin Associates Inc. v. Rogers)

Tilzer, J.

This is a submission of controversy pursuant to CPLR 3222. The relevant stipulated facts are as follows:

In 1969, plaintiff purchased from the defendant, premises 142-148 East 22nd Street in the Borough of Manhattan. The defendant held a purchase-money first mortgage on said property with an unpaid balance of $306,865.50.