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ATLAS MF MEZZANINE BORROWER, LLC v. MacQUARIE TEXAS LOAN HOLDER LLC

9732, 651657/17.

173 A.D.3d 608 (2019)

2019 NY Slip Op 05095

Atlas MF Mezzanine Borrower, LLC, Respondent, v. Macquarie Texas Loan Holder LLC et al., Appellants. Global Integrity Investors, LLC, Proposed Intervenor-Appellant.

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

Decided June 25, 2019.

Global did not demonstrate that it will be bound by any judgment in this action (see CPLR 1012[a][2]). Indeed, its issues are not before the court in this action (see East Side Car Wash v K.R.K. Capitol, 102 A.D.2d 157, 160 [1st Dept 1984], appeal dismissed 63 N.Y.2d 770 [1984]). Whereas plaintiff's claims involve a $71 million mezzanine loan from defendant Macquarie Texas Loan Holder LLC to plaintiff Atlas Borrower...

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