CASCADE, LP v. BANCORP BANK

Index No. 651841/2020.

75 Misc.3d 661 (2022)

168 N.Y.S.3d 276

2022 NY Slip Op 22134

CASCADE FUNDING, LP-SERIES 6, Plaintiff, v. THE BANCORP BANK, Defendant.

Supreme Court, New York County.

Decided April 21, 2022.


Attorney(s) appearing for the Case

Kasowitz Benson Torres LLP, New York City ( Michael A. Hanin , Edward E. Filusch and Jill L. Forster of counsel), for plaintiff.

Schindler Cohen & Hochman LLP, New York City ( Jonathan L. Hochman , Karen M. Steel and Juan Marcos Otazu Jara of counsel), for defendant.


OPINION OF THE COURT

This is a breach of contract case. Plaintiff (Cascade) agreed to acquire from defendant (Bancorp) a pool of more than $825 million in commercial mortgage loan assets with an aim toward packaging them in a collateralized loan obligation (CLO) transaction. The agreement was signed in late February 2020...

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