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BROADWAY 500 WEST MONROE MEZZ II LLC v. TRANSWESTERN MEZZANINE REALTY PARTNERS II, LLC

4109N, 651420/10.

80 A.D.3d 483 (2011)

915 N.Y.S.2d 248

BROADWAY 500 WEST MONROE MEZZ II LLC et al., Appellants, v. TRANSWESTERN MEZZANINE REALTY PARTNERS II, LLC, et al., Respondents.

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

Decided January 13, 2011.

Plaintiffs' principal claim that Transwestern breached its contract by not paying the senior loan extension costs is foreclosed by the plain language of the forbearance agreement and its amending documents, including the 2010 letter agreement, which restored to plaintiffs the right to extend the senior loans without Transwestern's consent and, in exchange, provided that neither the borrower nor the lender was obligated "to make...

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