CARLYLE CIM AGENT, L.L.C. v. TREY RESOURCES I, LLC

652493/16, 3108, 652504/16, 3107.

148 A.D.3d 562 (2017)

2017 NY Slip Op 02132

50 N.Y.S.3d 326

CARLYLE CIM AGENT, L.L.C., Appellant, v. TREY RESOURCES I, LLC, Respondent. CARLYLE CIM AGENT, L.L.C., Appellant, v. TREY RESOURCES, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 23, 2017.


Resolution of these appeals concerns enforcement of a forum selection clause that was permissive as to plaintiff-lender, but mandatory as to defendants-borrower and guarantor.

Plaintiff-lender Carlyle CIM Agent, LLC, commenced two actions pursuant to CPLR 3213 in New York Supreme Court, one against defendant-borrower Trey Resources I LLC (Trey LLC) after it defaulted on interest payments on notes issued by plaintiff and...

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