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Expert Analysis

In New York Lending Agreements, The Contract Rules

By Richard Epstein, Sills Cummis & Gross PC (April 26, 2017, 11:39 AM EDT) -- Lenders should make one change to their loan documentation: where possible, add a New York choice-of-law provision. In some states, borrowers may invoke the "implied covenant of good faith and fair dealing" to circumvent certain express loan terms. New York's First Department recently made clear that such arguments by the borrower will be rejected....

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