Gracie Gardens Owners Corp. v. Gracie Gardens Co.

Order, Supreme Court, New York County (John Doyle, J.), entered August 28, 1992, which set aside a jury verdict in favor of defendant against plaintiff and ordered a new trial on the 1st, 3rd and 4th causes of action, unanimously affirmed, with costs.

On an earlier appeal (161 AD2d 334), we determined, inter alia, that a material question of fact existed concerning whether defendant Gracie Gardens Co. ("GGC”) required prepayment in January 1986 or early 1986 as a condition for a 15% discount on a $6 million mortgage held by GGC on plaintiff cooperative’s buildings.

*85Review of the instant record…