Legal Opinion
Jade Realty LLC v. Citigroup Commercial Mortgage Trust 2005-EMG
New York Court of Appeals
Decided November 19, 2012PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.
On September 17, 2003, Jade Realty LLC, the owner and operator of a shopping center in Hartsdede, New York, closed on a mortgage loan with Emigrant Securities Corp. in the principal amount of $4 million as part of a refinancing of an earlier loan. The loan had a 10-year term with a maturity date of October 1, 2013 and had an interest rate of 5.48% per year (Note Rate).
Although the promissory note permitted Jade to voluntarily prepay the note…
2Cases cited3 opinions
- Wallace v. 600 Partners Co.New York Court of Appeals · 1995
- Reape v. New York News, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Jade Realty LLC v. Citigroup Commercial Mortgage Trust 2005-EMGAppellate Division of the Supreme Court of the State of New York · 2011
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- 21647 LLC v. Deutsche Bank National Trust Company, As Indenture Trustee for New Century Home Equity Loan Trust 2005-3District Court, S.D. New York · 2022
- BDC Finance v. Barclays BankAppellate Division of the Supreme Court of the State of New York · 2013
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