Starrett Acquisition, Inc. v. Starrett Corp.

Order, Supreme Court, New York County (Barry Cozier, J.), entered July 14, 1999, which, in an action arising out of plaintiff’s failed attempts to acquire defendant, insofar as appealed from, sustained the first cause of action and dismissed the second and third causes of action, unanimously affirmed, with costs.

Concerning the first cause of action for breach of the August *122Merger Agreement, there is no merit to defendant’s contention that plaintiffs lender’s letter did not constitute a commitment to finance the transaction. The fact that plaintiff was asked by the lender to indicate its…