Appellate Division, First Department · September 29, 2026 · 2026 NY Slip Op 05479
KB Green Valley North, DST v KeyBank National Association
Read the official decision: 2026 NY Slip Op 05479
Holding The court affirmed the dismissal of the complaint, finding that the loan agreement’s requirement for a five-year lease term was unambiguous. Because the tenant’s lease included an option to terminate after 13 months, it did not constitute a valid five-year term to cure the cash sweep event.
The court’s words
This language plainly provided that plaintiff could not cure the cash sweep if the lease term for a primary tenant was for less than five years
2026 NY Slip Op 05479, at the official text
The Greenspun lease unambiguously grants Greenspun the option to terminate the lease, at will, after 13 months, and does not unequivocally bind Greenspun for a full five-year term
2026 NY Slip Op 05479, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 29, 2026 |
| Citation | 2026 NY Slip Op 05479 |
| Area of law | Contracts and Commercial |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05479 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 654 |
Recommended citation
ESQ HQ, New York Law Watch, KB Green Valley North, DST v KeyBank National Association, 2026 NY Slip Op 05479 (Appellate Division, First Department, September 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05479/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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