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WILMINGTON TRUST COMPANY v. STRAUSS

45 A.D.3d 443 (2007)

847 N.Y.S.2d 21

WILMINGTON TRUST COMPANY, as Issuer Trustee of FMAC Loan Receivable Trust 1997-C, et al., Respondents, v. MICHAEL L. STRAUSS, Appellant. MICHAEL L. STRAUSS, Individually and as Assignee of Westwind Group Holdings, Inc., et al., Counterclaim Plaintiffs-Appellants, v. BAY VIEW FRANCHISE MORTGAGE ACCEPTANCE COMPANY et al., Counterclaim Defendants-Respondents, et al., Counterclaim Defendants.

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

Decided November 20, 2007.

Judgment, same court and Justice, entered May 22, 2007, awarding plaintiffs judgment in the amount of $1,800,000, plus prejudgment interest, pursuant to an order, same court and Justice, entered May 4, 2007, which, to the extent appealed from as limited by the brief, directed that prejudgment interest be included in the judgment to be entered in plaintiffs' favor on the claim relating to the second guaranty, unanimously affirmed, with costs. Appeal from the order unanimously...

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