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WINSTON SALEM RI LLC v. LADDER CAPITAL FIN. LLC

Index No. 654902/21. Appeal No. 503. Case No. 2022-05074.

217 A.D.3d 555 (2023)

192 N.Y.S.3d 58

2023 NY Slip Op 03319

Winston Salem RI LLC, Derivatively on Behalf of South Bend Hotel Owner LLC and Another, Appellant, v. Ladder Capital Finance LLC, Respondent, et al., Defendants.

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

Decided June 20, 2023.

Attorney(s) appearing for the Case

Blank Rome LLP, New York ( Arash Beral of the bar of the State of California, admitted pro hac vice, of counsel), for appellant.

Polsinelli PC, New York ( Morgan C. Fiander of counsel), for respondent.

Concur—Webber, J.P., Oing, Gesmer, González, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Robert R. Reed, J.), entered on or about October 4, 2022, which, insofar as appealed from as limited by the briefs, granted defendant Ladder Capital Finance LLC's motion to dismiss the breach of contract claims, unanimously modified, on the law, to deny the motion to dismiss the breach of contract claims to the extent they relate to the payment of forbearance fees and improper foreclosures...

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