IMPERIAL CAPITAL BANK v. 11-13-15 OLD FULTON D, LLC

2010-05112.

88 A.D.3d 652 (2011)

930 N.Y.S.2d 267

2011 NY Slip Op 7004

IMPERIAL CAPITAL BANK, Plaintiff/Counterclaim Defendant-Appellant, v. 11-13-15 OLD FULTON D, LLC, et al., Respondents, and 11-13-15 OLD FULTON N, LLC, Defendant/ Counterclaim Plaintiff-Respondent. ROBERT YIU et al., Additional Counterclaim Defendants-Appellants.

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

Decided October 4, 2011.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the plaintiff/counterclaim defendant and the additional counterclaim defendants which was for summary judgment on the complaint, and substituting therefor a provision granting that branch of the motion, (2) by deleting the provisions thereof denying those branches of the motion which were pursuant to CPLR 3211 (a) to dismiss the first counterclaim based...

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