United States Second Circuit

In dispute involving the parties' mezzanine loan agreement, the district court's judgment finding defendant unlawfully demanded approximately $4.5 million in interest and $370,000 in attorney fees under the agreement, requiring defendant to return the same to plaintiffs, and finding defendant liable for damages resulting from the unlawful demand, is reversed and remanded, where the district court erred in concluding that equitable estoppel, the principle of good faith and fair dealing, or general principles of equity prevented defendant from demanding payment of the interest and attorney fees.

Appellate Information

• Decided 06/12/2013
• Published 06/12/2013

Judges

• RESTANI

Court

• United States Second Circuit

Counsel