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BASE VILLAGE OWNER LLC v. HYPO REAL ESTATE CAPITAL CORPORATION

6839, 6840, 6841, 6842, 6843, 651222/10-E.

92 A.D.3d 541 (2012)

938 N.Y.S.2d 541

2012 NY Slip Op 1193

BASE VILLAGE OWNER LLC, Appellant-Respondent, v. HYPO REAL ESTATE CAPITAL CORPORATION et al., Respondents-Appellants.

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

Decided February 16, 2012.

The limitation of remedies provision in the parties' loan agreement was properly construed as clearly, explicitly and unambiguously barring plaintiff's claim for damages based on allegations that defendants' agent unreasonably withheld or delayed approval of the documentation upon which defendants' obligation to extend the loan was conditioned (see e.g. L.K. Sta. Group, LLC v Quantek Media, LLC, 62 A.D.3d 487, 493 [2009]). In light...

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