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Trilon Plaza, Inc. v. Comptroller of the State of New York

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Argued September 6, 2000

Appellant, Trilon Plaza, Inc. (“Trilon”), filed an action for breach of contract against the Comptroller of the State of New York, in his capacity as trustee of the state’s Common Retirement Fund, and Mellon Mortgage Company. In its complaint Trilon alleged that the Comptroller had breached the terms of a promissory note by refusing to accept partial prepayments of the unpaid balance. The Comptroller filed a motion for summary judgment, which the trial court granted, ruling that there were no genuine issues of material fact and that, as a matter of law, Trilon did not have a right to make partial prepayments on the promissory note. Trilon appeals; we affirm. *fn1

I.

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