Dubinsky v. Mermart, LLC, No. 09-2072
In an action by investors in a refinancing venture for a real estate development claiming misrepresentations by the developer that the project was free from environmental hazards, summary judgment for defendant is affirmed where the parties' Subordination Agreement required plaintiffs, who were Subordinate Bondholders, to obtain the written consent of the Senior Mortgagee before bringing an enforcement action.
Submitted: November 17, 2009
Filed: February 10, 2010
Opinion by Judge Jarvey