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PRAMCO III, LLC v. PARTNERS TRUST BANK

16 Misc.3d 351 (2007)

842 N.Y.S.2d 174

PRAMCO III, LLC, Plaintiff, v. PARTNERS TRUST BANK, Defendant.

Supreme Court, Monroe County.

February 23, 2007.

Attorney(s) appearing for the Case

Woods Oviatt Gilman LLP, Rochester (Robert D. Hooks of counsel), for plaintiff.

Menter Rudin & Trivelpiece P.C., Syracuse (Mitchell J. Katz of counsel), for defendant.

OPINION OF THE COURT

KENNETH R. FISHER, J.

On June 26, 2006, the court denied defendant's preanswer motion to dismiss all claims exceeding the limitation of damages clause found in the asset sale agreement relating to plaintiff's purchase of two commercial loans having a principal balance of $3,233,087.49, extended to defendant's borrower, CyTech Hardwoods, Inc. Plaintiff's preanswer cross motion for summary...

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