Real Estate Investment Firm – Motion to Dismiss Granted in Breach of Contract Dispute

Represented a real estate investment firm in a dispute arising from a $32 million promissory note following the borrower's failure to repay the debt at maturity. After the borrower paid a contractual multi-million-dollar late fee under protest, it commenced litigation seeking to recover the payment through breach of contract and related claims. Herrick successfully secured dismissal of the action in its entirety, with the court holding that the note's late fee provision was enforceable under New York law and applicable to the maturity payment.