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SUMITOMO MITSUI BANKING CORPORATION v. SUISSE

4969, 600898/10.

89 A.D.3d 561 (2011)

933 N.Y.S.2d 234

2011 NY Slip Op 8288

SUMITOMO MITSUI BANKING CORPORATION, Appellant-Respondent, v. CREDIT SUISSE et al., Respondents-Appellants.

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

Decided November 17, 2011.

In 2006, Credit Suisse and other lenders, including plaintiff, entered into a $5.5 billion unsecured credit agreement (the 2006 credit agreement) with nonparty Capmark Financial Group, Inc. (Capmark). Credit Suisse and other lenders also entered a $5.25 billion unsecured bridge loan agreement (the bridge loan) with Capmark. Plaintiff was not a bridge loan lender, but purchased a $200 million participation interest therein from Credit Suisse.

The participation agreement...

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