RREF III STOR. LLC v. PAUL

Index No. 651503/22, Appeal No. 1943, Case Nos. 2023-00149, 2023-01278.

2024 NY Slip Op 01771

RREF III STORAGE LLC ET AL., Plaintiffs-Respondents, v. NATIN PAUL, Defendant-Appellant.

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

Decided March 28, 2024.


Attorney(s) appearing for the Case

Morrison Cohen LLP, New York ( Aaron Lauchheimer of counsel), for appellant.

Morrison & Foerster LLP, New York ( Joseph R. Palmore of counsel), for respondents.

Before: Manzanet-Daniels, J.P., Kapnick, González, Mendez, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about February 8, 2023, which, to the extent appealed from as limited by the briefs, denied defendant's motion to dismiss the causes of action seeking recovery of yield maintenance default premiums in accordance with defendant's guaranty of the junior mezzanine loan, unanimously reversed, on the law, with costs, and the motion granted.

Defendant's motion to dismiss should have been granted to...

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