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PALM BEACH MORTGAGE MANAGEMENT, LLC v. RED TULIP, LLC

18 A.D.3d 379 (2005)

795 N.Y.S.2d 559

PALM BEACH MORTGAGE MANAGEMENT, LLC, Respondent, v. RED TULIP, LLC, et al., Defendants, and WALTER C. ANDERSON, Appellant. (And Another Action.) JUNIA HISSA NEIVA, Third-Party Plaintiff, v. DONALD A. BURNS, et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 26, 2005.

Defendant Anderson failed to show a likelihood of success on the merits of his defenses, given the language in the guaranty at issue (St. Paul Fire & Mar. Ins. Co. v York Claims Serv., 308 A.D.2d 347 [2003]). The guaranty specified that Anderson would "remain liable as principal until the full amount of the principal owed pursuant to the Loan Documents, with interest . . . shall have been fully paid . . . notwithstanding any...

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