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GOLBAR PROPS., INC. v. N. AM. MORTGAGE INVESTORS

53 N.Y.2d 856 (1981)

Golbar Properties, Inc., et al., Plaintiffs, and Citibank, N. A., Respondent-Appellant, v. North American Mortgage Investors et al., Appellants-Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 5, 1981.

Attorney(s) appearing for the Case

Charles C. Parlin, Jr., Kathleen M. Comfrey, Margaret W. Wiener and Robert S. Fischler for respondent-appellant.

Owen McGivern, Frank S. Ioppolo, Peter S. Dealey and Mitchell C. Tenzer for North American Mortgage Investors, appellant-respondent.

George Weisz, Louis B. Kimmelman, Joan M. Shaughnessy and Richard D. Mathewson for CMEI, Inc., appellant-respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

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...

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