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EXCELSIOR CAPITAL, LLC v. SUPERIOR BROADCASTING COMPANY, INC.

2011-10563.

101 A.D.3d 670 (2012)

955 N.Y.S.2d 196

2012 NY Slip Op 8277

EXCELSIOR CAPITAL, LLC, Respondent, et al., Plaintiff, v. SUPERIOR BROADCASTING COMPANY, INC., Defendant, and the Estate of C. ROBERT ALLEN, III, Deceased, by GRACE M. ALLEN, as Executrix, Appellant.

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

December 5, 2012.

Ordered that the judgment is affirmed, with costs.

The plaintiffs in this action sought to recover, inter alia, on a series of loans made by Excelsior Capital, LLC (hereinafter Excelsior), to the defendant Superior Broadcasting Company, Inc. (hereinafter Superior), some of which were personally guaranteed by the decedent C. Robert Allen, III. After a trial, the Supreme Court granted that branch of Allen's motion which was pursuant to CPLR 4401 to dismiss the causes...

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