CONTINENTAL INDUSTRIAL CAPITAL, LLC v. LIGHTWAVE ENTERPRISES, INC.

CA 11-00155.

85 A.D.3d 1639 (2011)

925 N.Y.S.2d 301

2011 NY Slip Op 4950

CONTINENTAL INDUSTRIAL CAPITAL, LLC, Appellant, v. LIGHTWAVE ENTERPRISES, INC., et al., Defendants, and STEPHEN C. ARNOLD, Respondent.

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

Decided June 10, 2011.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In an action seeking, inter alia, to enforce a limited guaranty, plaintiff contends that Supreme Court erred in determining that defendant Stephen C. Arnold is not liable to plaintiff for attorneys' fees in excess of the limitation contained in his personal guaranty. We reject that contention. It is undisputed that an officer of defendant Lightwave Enterprises,...

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