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ATALAYA SPECIAL OPPORTUNITIES FUND IV LP v. JAMES CRYSTAL, INC.

11319, 650914/13

112 A.D.3d 490 (2013)

976 N.Y.S.2d 383

2013 NY Slip Op 8357

ATALAYA SPECIAL OPPORTUNITIES FUND IV LP et al., Respondents, v. JAMES CRYSTAL, INC., et al., Appellants.

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

Decided December 12, 2013.

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered July 30, 2013, which, to the extent appealed from, granted plaintiffs' motion for summary judgment on the first and third causes of action, unanimously affirmed, with costs.

In opposition to plaintiffs' prima facie showing of their entitlement to enforce the loan, defendants failed to raise a triable issue of fact as to the existence of a binding proposal...

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