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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
CourtAppellate Division, First Department
DecidedSeptember 29, 2026
Citation2026 NY Slip Op 05479
Area of lawContracts and Commercial
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05479
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id654

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/

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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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Published September 29, 2026. Updated September 29, 2026.