ERC 16W Ltd. Partnership v. Xanadu Mezz Holdings LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Bernard J. Fried, J.), entered September 27, 2010, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to dismiss the first four causes of action, modified, on the law, to deny the motion as to the first, second and fourth causes of action, and otherwise affirmed, with costs to plaintiff.
Plaintiff ERC 16W Limited Partnership (ERC) is the borrower under a $1,015 billion “Construction Loan Agreement,” dated March 30, 2007 (hereinafter, the loan agreement), intended to finance the development of the Meadowlands Sports…
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