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511 9TH LLC v. CREDIT SUISSE USA, INC.

2024, 650225/08

69 A.D.3d 497 (2010)

894 N.Y.S.2d 385

2010 NY Slip Op 394

511 9TH LLC, Appellant, v. CREDIT SUISSE USA, INC., et al., Respondents.

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

Decided January 21, 2010.

The documentary evidence "conclusively refutes" plaintiff's allegations that it reasonably and detrimentally relied on oral assurances by defendants that they intended to close the financing agreement (see AG Capital Funding Partners, L.P. v State St. Bank & Trust Co., 5 N.Y.3d 582, 591 [2005]). The term sheet entered into among the parties expressly provides that the summary of terms "should not be construed to constitute a...

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