SUPERIOR FIDELITY ASSURANCE, LTD. v. SCHWARTZ

2008-06974, 2009-06861

69 A.D.3d 924 (2010)

893 N.Y.S.2d 256

2010 NY Slip Op 669

SUPERIOR FIDELITY ASSURANCE, LTD., Respondent, v. DENNIS SCHWARTZ et al., Defendants, and KEN HOUSNER et al., Appellants.

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

Decided January 26, 2010.


Ordered that the appeals from the order are dismissed; and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the law, those branches of the plaintiff's motion which were for summary judgment in lieu of complaint enforcing the respective guaranties of the defendants Ken Housner, Marilyn Housner, and John Trepani are denied, and the order is modified accordingly; and it is further,

Ordered that one bill of costs is awarded to...

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