NEXBANK, SSB v. SOFFER

1782, 652072/13.

144 A.D.3d 457 (2016)

2016 NY Slip Op 07395

41 N.Y.S.3d 217

NEXBANK, SSB, Respondent, v. JEFFREY SOFFER et al., Appellants.

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

Decided November 10, 2016.


For the past several years, the parties herein have been involved in extensive litigation in both Nevada and New York over the terms of a construction loan and a guaranty provision contained therein. A recitation of the history of this litigation will provide the necessary background for the present appeal.

On October 25, 2006, Turnberry/Centra Sub LLC (Borrower), a company controlled by defendants, entered into a construction loan agreement with a group of lenders...

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