ATLAS MF MEZZANINE BORROWER LLC v. MACQUARIE TEXAS LOAN HOLDER LLC

Index No. 651657/17. Appeal No. 14595. Case No. 2020-02327.

199 A.D.3d 439 (2021)

158 N.Y.S.3d 19

2021 NY Slip Op 06070

Atlas MF Mezzanine Borrower LLC, Appellant, v. Macquarie Texas Loan Holder LLC, Respondent, et al., Defendants.

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

Decided November 9, 2021.


Attorney(s) appearing for the Case

Meister Seelig & Fein LLP, New York ( Stephen B. Meister of counsel), for appellant.

Dechert LLP, New York ( Gary J. Mennitt of counsel), for respondent.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.


Even if the trial court erred in placing the burden of proof of commercial unreasonableness on plaintiff debtor, Count 2 of the First Amended Complaint was nonetheless properly dismissed because defendant secured party met its burden of demonstrating that the auction process was commercially reasonable.

The time between default and auction—just under two months—was not insufficient as a matter of law, and plaintiff's expert did not opine otherwise. The...

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