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DIGITAL GADGETS, LLC v. WHITE OAK GLOBAL ADVISORS, LLC

5806. 654057/15.

158 A.D.3d 573 (2018)

72 N.Y.S.3d 47

2018 NY Slip Op 01265

DIGITAL GADGETS, LLC, Appellant, v. WHITE OAK GLOBAL ADVISORS, LLC, Respondent.

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

Decided February 22, 2018.

The documentary evidence utterly refutes plaintiff's allegations that defendant breached its agreement to lend plaintiff money (see Lezama v Cedano, 119 A.D.3d 479, 480 [1st Dept 2014]). The provisions of the commitment letter and term sheet, taken together, required no less than a second-priority lien on the New Jersey property as a condition precedent to defendant's commitment to lend...

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