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ATLAS MF MEZZANINE BORROWER, LLC v. MACQUARIE TEX. LOAN HOLDER LLC

10284A. 651657/17. 10284.

177 A.D.3d 420 (2019)

2019 NY Slip Op 08009

Atlas MF Mezzanine Borrower, LLC, Respondent, v. Macquarie Texas Loan Holder LLC, Defendant, and KKR REPA AIV-2 L.P. et al., Appellants.

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

Decided November 7, 2019.

Plaintiff's statement that its required deposit check was "on its way" was an actionable statement of present fact, not of future expectation (cf. GE Oil & Gas, Inc. v Turbine Generation Servs., L.L.C., 168 A.D.3d 563, 564 [1st Dept 2019]). However, defendants' allegations are insufficient to show reasonable reliance as a basis to continue bidding against plaintiff, where the fact that the check was not there was disclosed, the...

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