VENETO HOTEL & CASINO, S.A. v. GERMAN AMERICAN CAPITAL CORPORATION

651888/15 6199 6198.

160 A.D.3d 451 (2018)

75 N.Y.S.3d 4

2018 NY Slip Op 02414

Veneto Hotel & Casino, S.A., et al., Appellants, v. German American Capital Corporation, Respondent.

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

Decided April 5, 2018.


The breach of contract claim asserted by Veneto Hotel & Casino, S.A. based on defendant's alleged breach of section 3.1.7 (a) (v) of the parties' loan agreement was properly dismissed. A fair reading of the loan agreement and amendments reveals that defendant lender was not obligated to apply its security to fund borrower Veneto's expenses following an "Event of Default." Section 3.1.7 of the loan agreement required the Account Trustee to follow the directions defendant...

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