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ALLENBY, LLC v. CREDIT SUISSE, AG

652491/13, 652492/13, 5670, 16460, 16461, 16459, 16458, 16457.

134 A.D.3d 577 (2015)

25 N.Y.S.3d 1

2015 NY Slip Op 09381

ALLENBY, LLC, et al., Appellants, v. CREDIT SUISSE, AG, et al., Respondents. ALLENBY, LLC, et al., Respondents-Appellants, v. CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, et al., Appellants-Respondents. CREDIT SUISSE LOAN FUNDING LLC, et al., Respondents, v. HIGHLAND CRUSADER OFFSHORE PARTNERS, L.P., et al., Appellants.

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

Decided December 22, 2015.

In the summary judgment decision in index no. 652491/13, the court correctly found that the tolling agreement was governed by New York rather than Texas law, that part of plaintiff's contract claim was time-barred (see Bayridge Air Rights v Blitman Constr. Corp., 80 N.Y.2d 777 [1992]), and that equitable estoppel did not apply as a matter of law (see Dailey v Mazel Stores, 309 A.D.2d 661

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