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HARLEM SUITES, LLC v. 231 NORMAN AVE., LLC

Nos. 5732, 603179/08.

88 A.D.3d 532 (2011)

930 N.Y.S.2d 582

2011 NY Slip Op 7273

HARLEM SUITES, LLC, Respondent, v. 231 NORMAN AVE., LLC, et al., Appellants.

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

Decided October 18, 2011.

All defendants except DCIU guaranteed that plaintiff would be repaid $1,750,000 plus interest no later than March 4, 2009. Their argument that two agreements entered into in September 2007 (the Refinancing Agreements) constituted a novation of the 2005 operating agreement, construction agreement, and guaranty (the Original Agreements) is without merit (see Water St. Dev. Corp. v City of New York, 220 A.D.2d 289, 290 [1995], lv...

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