Legal Opinion
Carlyle CIM Agent, L.L.C. v. Trey Resources I, LLC
Appellate Division of the Supreme Court of the State of New York
Decided March 23, 2017No. 652493/16 3108 652504/16 3107PublishedCited by 2 opinions
1Opinion of the Court
Orders (based on the same decision), Supreme Court, New York County (Charles E. Ramos, J.), entered October 11, 2016, and October 17, 2016, which, to the extent appealed from as limited by the briefs, granted defendants’ cross motions to dismiss the actions pursuant to CPLR 3211 (a) (4), unanimously reversed, on the law and the facts, with costs, and the cross motions denied.
Resolution of these appeals concerns enforcement of a forum selection clause that was permissive as to plaintiff-lender, but mandatory as to defendants-borrower and guarantor.
Plaintiff-lender Carlyle CIM Agent, LLC,…
2Cases cited11 opinions
- Vanship Holdings Limited v. Energy Infrastructure Acquisition Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A.New York Court of Appeals · 2012
- Boss v. American Express Financial Advisors, Inc.New York Court of Appeals · 2006
- Boss v. American Express Financial Advisors, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- AIG Financial Products Corp. v. Penncara Energy, LLCAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by2 opinions
- Dietz v. Linde Gas N. Am., LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Robert B. Jetter, M.D., PLLC v. 737 Park Ave. Acquisition LLCAppellate Division of the Supreme Court of the State of New York · 2018