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GRO-WIT CAPITAL, LTD. v. OBIGOR, LLC

63 A.D.3d 785 (2009)

880 N.Y.S.2d 505

GRO-WIT CAPITAL, LTD., Appellant, v. OBIGOR, LLC, et al., Defendants, and DAVID HOSTEN, Respondent.

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

Decided June 9, 2009.

Ordered that the order is affirmed, with costs.

On a prior appeal by the plaintiff in this foreclosure action, this Court reversed an order of the Supreme Court which denied the plaintiff's motion for summary judgment on the issue of liability against the defendant David Hosten, and granted the motion (see Gro-Wit Capital, Ltd. v Obigor, LLC, 33 A.D.3d 859 [2006]) (hereinafter the prior appeal). Thereafter, without further...

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