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AMCAN HOLDINGS, INC. v. CANADIAN IMPERIAL BANK OF COMMERCE

70 A.D.3d 423 (2010)

894 N.Y.S.2d 47

AMCAN HOLDINGS, INC., et al., Appellants-Respondents, v. CANADIAN IMPERIAL BANK OF COMMERCE, Respondent-Appellant, et al., Defendants.

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

Decided February 4, 2010.

Plaintiff companies are all controlled by one Richard Gray, who, in 2001, approached CIBC to obtain financing for the acquisition of a company called CWD Windows Division (CWD Division), as well as refinancing for the existing debt of Amcan and another company owned by Amcan, B.F. Rich Co. (BF Rich). Gray also sought funding for the continuing operations of CWD Division and BF Rich. More specifically, plaintiffs sought a commitment from CIBC to furnish two separate lines...

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