PATE v. BNY MELLON-ALCENTRA MEZZANINE III, L.P.

Docket No. 654058/2015.

2017 NY Slip Op 30256(U)

LUTHER S. PATE, IV, Plaintiff, v. BNY MELLON-ALCENTRA MEZZANINE III, L.P., SCOTT B. GOLD, PAUL J. ECHAUSSE, and UNITED INSURANCE COMPANY OF AMERICA, Defendants.

Supreme Court, New York County.

February 7, 2017.


DECISION AND ORDER

Defendants move to dismiss the amended complaint pursuant to CPLR 3211(a)(1) and (7), contending that plaintiff cannot enforce a provision in a term sheet because: 1) there is a merger clause in the parties' final agreement expressly stating that the final agreement supercedes the term sheet; and...

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