ROCHELLE ASSOCS. v. FLEET BANK OF NEW YORK


230 A.D.2d 605 (1996)

645 N.Y.S.2d 798

Rochelle Associates et al., Respondents-Appellants, v. Fleet Bank of New York, Appellant-Respondent

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

August 1, 1996


The motion court erred in finding an issue of fact as to whether defendant bank's refusal to close on the loan was properly based on a reasonable reading of the environmental reports on which the loan was conditioned, or improperly based on the economic motive of avoiding a reduced profit due to the rise in interest rates subsequent to issuance of the commitment letter. No genuine issue of fact exists as to the reasonableness of defendant's reading of the reports as unsatisfactory...

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