MEDICLAIM, INC. v. GROOTHUIS


38 A.D.3d 730 (2007)

834 N.Y.S.2d 200

MEDICLAIM, INC., Appellant, v. MICHAEL R. GROOTHUIS et al., Respondents. (And a Third-Party Action.)

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

Decided March 20, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, an assignee of a mortgage note and guarantees from HSBC Bank USA, commenced this action against the defendants, as guarantors, to enforce the guarantees and to recover payment on the note. The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the real purchaser of the note was not the plaintiff, but the third-party defendant...

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