HSH NORDBANK AG NEW YORK BRANCH v. SWERDLOW

No. 08 Civ. 6131(DLC).

672 F.Supp.2d 409 (2009)

HSH NORDBANK AG NEW YORK BRANCH, as Administrative Agent for Itself and Certain Lenders, Plaintiff, v. Michael SWERDLOW, Brian Street, and James Cohen, Defendants.

United States District Court, S.D. New York.

November 23, 2009.


Attorney(s) appearing for the Case

Michael H. Barr, Justin N. Kattan, Claire Wong Black, Sonnenschein Nath & Rosenthal LLP, New York, NY, for plaintiff.

Raymond N. Hannigan, Ross L. Hirsch, Herrick, Feinstein LLP, New York, NY, for defendants Brian Street and James Cohen.

John K. Shubin, Jeffrey S. Bass, Lucinda A. Hofmann, Shubin & Bass P.A., Miami, FL, for defendant Michael Swerdlow.


OPINION & ORDER

DENISE COTE, District Judge.

Plaintiff HSH Nordbank AG New York Branch ("plaintiff" or "HSH") seeks to recover from defendants monies due pursuant to two written guaranties of payment executed in connection with a real estate construction loan. On July 21, 2009, plaintiff moved for summary judgment. For the reasons stated herein, the motion is granted.

BACKGROUND

1. The Loan Agreement

On December 15...

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