Golbar Properties, Inc. v. North American Mortgage Investors

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

The conclusions of the courts below with respect to the liability of the permanent take-out lender defendants for breach of their take-out mortgage financing commitment rest in very great measure on factual determinations which, having been made by the trial court and affirmed at the Appellate Division, are now beyond the scope of our appellate review; the evidence was sufficient as a matter of law to sustain the determinations made. To the extent that rules of law are involved in those…