PELUSIO CANANDAIGUA, LLC v. GENESEE REGIONAL BANK

1150 CA 16-00524.

145 A.D.3d 1557 (2016)

2016 NY Slip Op 08705

43 N.Y.S.3d 841

PELUSIO CANANDAIGUA, LLC, Respondent, v. GENESEE REGIONAL BANK, Appellant.

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

Decided December 23, 2016.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiff leased commercial premises to a tenant that secured a loan from defendant. As a condition of the loan, defendant required the tenant to obtain from plaintiff a "Landlord Waiver" (waiver), which provided, inter alia, that any claims plaintiff may have against the tenant were subordinate to...

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