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RIVER GLEN ASSOCIATES, LTD. v. MERRILL LYNCH CREDIT CORPORATION

295 A.D.2d 274 (2002)

743 N.Y.S.2d 870

RIVER GLEN ASSOCIATES, LTD., Appellant, v. MERRILL LYNCH CREDIT CORPORATION et al., Respondents.

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

Decided June 27, 2002.

We agree with the motion court that there was no binding preliminary agreement to negotiate in good faith plaintiff's application for a commercial mortgage in view of the disclaimers in the application and the sophistication and experience of plaintiff's principals (see generally, Adjustrite Sys., Inc. v GAB Bus. Servs., Inc., 145 F.3d 543, 549). While it is therefore unnecessary to determine whether the claimed agreement was subject...

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