FRIEDLAND v. HICKOX


46 A.D.3d 303 (2007)

847 N.Y.S.2d 87

DION FRIEDLAND, Appellant, v. CHARLES C. HICKOX, Respondent, et al., Defendants.

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

Decided December 11, 2007.


Plaintiff seeks to recover from Hickox, a limited partner in limited partnership defendant HBLS who allegedly owes a debt to HBLS in the amount of a deficiency judgment it obtained against HBLS. Based upon the partnership documents, audited financial statements and security agreement with U.S. Trust, as well as depositions taken in prior actions and affidavits submitted on this motion, the court properly found that issues of fact exist, not only as to whether Hickox's required...

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