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ORCHARD HOTEL, LLC v. D.A.B. GROUP, LLC

10202-850044/11, 10202A.

106 A.D.3d 628 (2013)

966 N.Y.S.2d 395

2013 NY Slip Op 3778

ORCHARD HOTEL, LLC, Respondent, v. D.A.B. GROUP, LLC, Appellant, and BROOKLYN FEDERAL SAVINGS BANK et al., Respondents, et al., Defendants.

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

Decided May 28, 2013.

Plaintiff, assignee of additional counterclaim defendant Brooklyn Federal Savings Bank, seeks to foreclose on real property securing two construction-related loans to defendant D.A.B. Group that matured on March 1, 2011 and remain unsatisfied. In its counterclaim for fraud, D.A.B. alleges that agents acting on behalf of Brooklyn Federal or additional counterclaim defendant State Bank of Texas orally misrepresented that the banks would extend the maturity date of the loans...

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