Opinion
4787 650931/16
10-24-2017
Harvest 12708 Riata, LLC, Plaintiff-Appellant, v. Wells Fargo Bank, N.A., etc., et al., Defendants-Respondents.
Lazer, Aptheker, Rosella & Yedid, P.C., Melville (Giuseppe Franzella of counsel), for appellant. Alston & Bird LLP, New York (John P. Doherty of counsel), for respondents.
Lazer, Aptheker, Rosella & Yedid, P.C., Melville (Giuseppe Franzella of counsel), for appellant.
Alston & Bird LLP, New York (John P. Doherty of counsel), for respondents.
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered September 1, 2016, which granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.
The loan provision requiring plaintiff borrower to deposit and maintain a certain balance in a reserve rollover account is unambiguous in setting a minimum balance (see Greenfield v Philles Records , 98 AD2d 562, 569-570 [2002]). Plaintiff was thus barred from invading that minimum balance for disbursements for replacement tenant improvements and broker commissions when an anchor tenant's lease terminated and was not renewed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 24, 2017
CLERK