ATRIA BUILDERS, L.L.C. v. MORGAN 32 HOLDINGS, L.L.C.

5027, 602785/08, 5028.

84 A.D.3d 508 (2011)

922 N.Y.S.2d 364

ATRIA BUILDERS, L.L.C., et al., Appellants, v. MORGAN 32 HOLDINGS, L.L.C., et al., Defendants, and PETRA MORTGAGE CAPITAL CORP., L.L.C., Also Known as PETRA CAPITAL MANAGEMENT, Respondent.

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

Decided May 10, 2011.


Plaintiff Atria Builders, L.L.C. (Atria) and defendant owner Morgan 32 Holdings, L.L.C. (Morgan) entered a construction contract requiring the former to provide letters of credit in the total amount of $1,000,000, which were to be drawable solely by the owner's lender, defendant Petra Mortgage Capital Corp. (Petra), in the event of default.

Pursuant to a loan and security agreement (loan agreement), entered into by Morgan, as borrower, and Petra, Morgan was to provide...

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