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GAIA HOUSE MEZZ v. STATE STREET BANK AND TRUST CO.

Docket No. 12-2481-cv.

720 F.3d 84 (2013)

GAIA HOUSE MEZZ LLC, Plaintiff-Counter-Defendant-Appellee, and West Sky, LLC, 200 11th 11S LLC, 24th Street Capital Group I LLC, Plaintiffs-Appellees, and Young Woo, Margarette Lee, Glauco Lolli-Ghetti, Counter-Defendants-Appellees, v. STATE STREET BANK AND TRUST COMPANY, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 12, 2013.

Attorney(s) appearing for the Case

Andrew C. Phelan ( Dina R. Kaufman , on the brief), Bingham McCutchen LLP, Boston, MA, for Defendant-Counter-Claimant-Appellant.

Peter M. Ripin ( Gary I. Lerner , on the brief), Davidoff Hutcher & Citron LLP, New York, NY, for Appellees.

Before: WALKER and CHIN, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

Appellee Gaia House Mezz LLC ("Gaia") and State Street were bound by a mezzanine loan1 agreement for the construction of a residential building in Manhattan. After a difference over monies owed, Gaia initiated this action, alleging principles of equity prevented State Street from demanding payment of approximately $4.5 million in interest and approximately $370,000 in attorney fees. Following a bench trial, the United States...

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