MATTER OF HOTEL 71 MEZZ LENDER, LLC v. ROSENBLATT


64 A.D.3d 431 (2009)

883 N.Y.S.2d 30

In the Matter of HOTEL 71 MEZZ LENDER, LLC, Respondent, v. ALBERT ROSENBLATT, Respondent, and GUY T. MITCHELL et al., Intervenors-Appellants.

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

Decided July 2, 2009.


On June 30, 2008, intervenor-respondent Guy T. Mitchell, having been held liable in an action to enforce a guaranty of payment for a judgment of $52,404,066.54 (see Hotel 71 Mezz Lender LLC v Mitchell, 63 A.D.3d 447 [2009]), made a wire transfer in the amount of $1.335 million from a Florida bank account held solely in his own name to a New York account maintained by the receiver in the guaranty action, who then held the funds while...

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