SHERMAN ORIGINATORS, LLC v. HSBC TAXPAYER FINANCIAL SERVICES INC.

654321/13, 3679, 3678.

149 A.D.3d 482 (2017)

2017 NY Slip Op 02764

49 N.Y.S.3d 892

SHERMAN ORIGINATOR, LLC, Appellant, v. HSBC TAXPAYER FINANCIAL SERVICES INC. et al., Respondents.

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

Decided April 11, 2017.


In this case involving a contract dispute between the originator (HSBC) of a certain portfolio of "refund anticipation loans" and the subsequent purchaser (Sherman) of a partial interest in that portfolio, based on the relevant contractual language, as informed by the clarifying extrinsic evidence (see e.g. Federal Ins. Co. v Americas Ins. Co., 258 A.D.2d 39, 43 [1st Dept 1999]), we affirm the lower court's conclusion that HSBC's...

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