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CIT GROUP/BUSINESS CREDIT, INC. v. WALENTAS

28 A.D.3d 224 (2006)

813 N.Y.S.2d 370

CIT GROUP/BUSINESS CREDIT, INC., Respondent, v. DAVID C. WALENTAS et al., Appellants.

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

April 4, 2006.

There were no genuine issues of fact as to defendants' obligation, under the clear and unambiguous language of the mortgage note and guaranty, to repay plaintiff the amounts it was ordered by the Georgia bankruptcy court to refund to the nonparty petitioner in bankruptcy. The satisfaction of the mortgage was not a blanket release of defendants' obligations under the note. Moreover, defendant David Walentas was bound by the clear...

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