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BANK OF NEW YORK v. RIVER TERRACE ASSOCIATES, LLC

23 A.D.3d 308 (2005)

804 N.Y.S.2d 728

THE BANK OF NEW YORK, Appellant-Respondent, v. RIVER TERRACE ASSOCIATES, LLC, Respondent-Appellant, et al., Defendants. RIVER TERRACE ASSOCIATES, LLC, Appellant, v. THE BANK OF NEW YORK et al., Respondents. THE BANK OF NEW YORK, Appellant, v. APPLE BANK FOR SAVINGS et al., Respondents. THE BANK OF NEW YORK, Respondent, v. APPLE BANK FOR SAVINGS et al., Appellants.

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

November 29, 2005.

Concerning the two actions between River Terrace and BNY, the motion court correctly refused to find that BNY anticipatorily repudiated the credit agreement as a matter of law. The BNY internal memoranda on which River Terrace relies are not determinative (see Forward Publ. v International Pictures, 277 App Div 846 [1950]), and BNY's February 28, 2002 and June 3, 2002 letters to River Terrace were too equivocal for summary judgment purposes (see Tenavision, Inc...

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