Base Village Owner LLC v. Hypo Real Estate Capital Corp.

The limitation of remedies provision in the parties’ loan agreement was properly construed as clearly, explicitly and unambiguously barring plaintiffs claim for damages based on allegations that defendants’ agent unreasonably withheld or delayed approval of the documentation upon which defendants’ obligation to extend the loan was conditioned (see e.g. L.K. Sta. Group, LLC v Quantek Media, LLC, 62 AD3d 487, 493 [2009]). In light of defendants’ alleged economic self-interest, the provision was not rendered ineffective by allegations of misconduct that “smack” of intentional wrongdoing or…