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87 MEZZ MEMBER LLC v. GERMAN AM. CAPITAL CORP.

6910, 654279/16.

162 A.D.3d 524 (2018)

81 N.Y.S.3d 1

2018 NY Slip Op 04511

87 Mezz Member LLC et al., Appellants, v. German American Capital Corporation, Respondent.

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

Decided June 19, 2018.

The court correctly determined that, under the unambiguous language of the Additional Interest Agreement (AIA), an "Event of Default" within the meaning of the AIA occurred when plaintiff 87 Mezz Member LLC (87 Mezz) failed to make a payment under the Mezzanine Loan Agreement (the Loan Agreement) when due thereunder. Because the AIA uses the capitalized term "Event of Default" without defining it, the meaning of the term as used in the AIA is to be found in the Loan Agreement...

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