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PATE v. BNY MELLON-ALCENTRA MEZZANINE III, LP

7067. 654058/15.

163 A.D.3d 429 (2018)

81 N.Y.S.3d 29

2018 NY Slip Op 04972

Luther S. Pate, IV, Appellant, v. BNY Mellon-Alcentra Mezzanine III, LP, et al., Respondents.

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

Decided July 5, 2018.

Because the parties' release agreement contains a merger clause, the release agreement supersedes the preceding term sheet, and the breach of contract claim was correctly dismissed. Contrary to plaintiff's assertions, both agreements concern the same subject matter, that is, the default under the loan and the parties' negotiations in an attempt to avoid the impending foreclosure of the assets securing the loan (see Oorah, Inc...

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