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ALTSHULER SHAHAM PROVIDENT FUNDS, LTD. v. GML TOWER LLC

CA 10-01745.

83 A.D.3d 1563 (2011)

921 N.Y.S.2d 601

ALTSHULER SHAHAM PROVIDENT FUNDS, LTD., Appellant, v. GML TOWER LLC, et al., Defendants, and THE PIKE COMPANY, INC., et al., Respondents.

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

Decided April 29, 2011.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We affirm for reasons stated in the decision at Supreme Court (Altshuler Shaham Provident Funds, Ltd. v GML Tower, LLC, 28 Misc.3d 475 [2010]). We add only that we do not address plaintiff's contention that the 2007 Loan Agreement was a preliminary agreement that expired before the mortgage at issue was filed. That...

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