KARMELY v. WERTHEIMER

Docket No. 12-3781-CV.

737 F.3d 197 (2013)

Shahab KARMELY, SK Greenwich LLC, Plaintiffs-Appellants, v. Eitan WERTHEIMER, Ezra Dagmi, W-D Group (2006) LP, W-D Group NY1, LLC, John Does, 4-20, 443 Greenwich LLC, 443 Greenwich Partners LLC, W. Family 1 Ltd., Defendants-Appellees, Anglo Irish Bank Corporation Limited, Defendant.

United States Court of Appeals, Second Circuit.

Decided: December 9, 2013.


Attorney(s) appearing for the Case

David A. Pellegrino , Phillips Nizer LLP, New York, NY ( Chryssa V. Valletta , Carl D. LeSueur , Phillips Nizer LLP, New York, NY; John J. Giardino , NYT Law Group, New York, NY, on the brief), for Appellants.

Stephen R. DiPrima , New York, NY ( Bradley R. Wilson , Wachtell, Lipton, Rosen & Katz, New York, NY, on the brief), for Appellees.

Before: NEWMAN, WINTER, and DRONEY, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

This appeal presents the recurring issue of whether relevant documents are ambiguous, precluding their interpretation on a motion to dismiss, but the issue arises in the unusual context of an agreement for a loan from a lender to himself and his partner. A minor though intriguing issue, rarely if ever encountered in a judicial opinion, is whether the character "i" identifying a subparagraph in one of the documents is a lower case letter...

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