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WHG CS, LLC v. LSREF SUMMER REO TRUST 2009

3966N, 650788/10.

79 A.D.3d 629 (2010)

915 N.Y.S.2d 36

WHG CS, LLC, et al., Appellants, v. LSREF SUMMER REO TRUST 2009 et al., Respondents.

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

Decided December 28, 2010.

In this commercial financing dispute between different classes of lender, plaintiff WHG CS, LLC (WHG), a junior lender, seeks to compel defendant LSREF Summer REO Trust 2009, the debt servicer and a senior lender, to extend the maturity date of a $125,500,000 loan (the mortgage loan) that was set to expire on July 9, 2010, to avoid the declaration of a default and foreclosure of the properties that secure the loan. Plaintiff WHG SUB CS, LLC (WHG Mezz) seeks recognition of...

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