4M DEV. CO. v. CHINA TRUST BANK


240 A.D.2d 210 (1997)

658 N.Y.S.2d 31

4m Development Company, Appellant, v. China Trust Bank et al., Respondents

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

June 10, 1997


Plaintiff's claim that defendant bank's sale of the note to defendant investors was in breach of an oral agreement it had with the bank giving plaintiff or its nominee the right to purchase the note is plainly at variance with the provision of the note giving the bank the right to "take any * * * action deemed necessary by [it] without the consent of or notice to anyone". In addition, under the Loan Agreement, the note is a "Related Document" that can be modified only in...

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