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ATLAS MF v. MacQUARIE TEX.

651657/17, 7877.

174 A.D.3d 150 (2019)

2019 NY Slip Op 04495

ATLAS MF MEZZANINE BORROWER, LLC, Respondent, v. MacQUARIE TEXAS LOAN HOLDER LLC et al., Appellants.

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

Decided June 6, 2019.

Attorney(s) appearing for the Case

Dechert LLP, New York City ( Gary J. Mennitt , Daphne T. Ha and Kevin Brost of counsel), for Macquarie Texas Loan Holder LLC, appellant.

Quinn Emanuel Urquhart & Sullivan, LP, New York City ( Sanford I. Weisburst and Andrew J. Rossman of counsel), for KKR Repa AIV-2 L.P. and another, appellants.

Meister Seelig & Fein LLP, New York City ( Stephen B. Meister , James M. Ringer and Benjamin D. Bianco of counsel), for respondent.

FRIEDMAN, J.P., GISCHE, KAHN and KERN, JJ., concur.

OPINION OF THE COURT

Article 9 of the Uniform Commercial Code governs the enforcement of a creditor's security interest. "The underlying purposes and policies of the [UCC] as a whole are to simplify, clarify, and modernize the law governing commercial transactions; to permit the continued expansion of commercial practices through...

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