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FRIDAY INVESTMENTS v. BALLY TOTAL FITNESS

No. COA16-950.

803 S.E.2d 233 (2017)

FRIDAY INVESTMENTS, LLC, as Successor in Interest to Tisano Realty, Inc., Plaintiff, v. BALLY TOTAL FITNESS OF THE MID-ATLANTIC, INC. f/k/a Bally Total Fitness of the Southeast, Inc. f/k/a Holiday Health Clubs of the Southeast, Inc., as Successor in Interest to Bally Fitness Corporation; and Bally Total Fitness Holding Corporation, Defendants.

Court of Appeals of North Carolina.

Filed: August 1, 2017.

Attorney(s) appearing for the Case

Horack, Talley, Pharr & Lowndes, P.A., Charlotte, by Keith B. Nichols , and Chadbourne & Parke, LLP, by Samuel S. Kohn , pro hac vice, for plaintiff-appellant.

Burt & Cordes, PLLC, by Stacy C. Cordes , and Knox, Knox, Brotherton & Godfrey, Charlotte, by Lisa Godfrey , for defendant-appellees.

Friday Investments, LLC, ("Plaintiff") appeals from the trial court's order granting summary judgment in favor of Defendant, Bally Total Fitness Holding Corporation ("Bally Holding"). Genuine issues of material fact exist regarding whether the Guaranty was "required to be maintained" or was discharged in the 2008-2009 Bankruptcy. We...

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