Trefoil Capital Corp. v. Creed Taylor, Inc.

Order of the Supreme Court, New York County (Martin Evans, J.), entered November 28, 1984, which denied the request of defendant-appellant, CMNY Capital Company, Inc., for renewal and vacatur of the previous order of said court, entered August 20, 1984, which directed that in this foreclosure action the Referee pay the New York State real estate transfer gains tax (hereinafter gains tax) out of the proceeds of the sale prior to satisfying the amount due to *875defendant-appellant as subordinate mortgagee, is unanimously reversed, on the law, without costs and disbursements, insofar as appealed…