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EMPIRE ERECTORS AND ELECTRICAL COMPANY, INC. v. UNLIMITED LOCATIONS LLC

Nos. 8920 310289/10.

102 A.D.3d 419 (2013)

2013 NY Slip Op 25

EMPIRE ERECTORS AND ELECTRICAL COMPANY, INC., Appellant, v. UNLIMITED LOCATIONS LLC et al., Respondents.

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

Decided January 3, 2013.

Sallusto and Indelicato are being sued as guarantors of an agreement between plaintiff and defendant Unlimited Locations LLC. The court erred in denying plaintiff's motion on the basis of the automatic stay triggered by the bankruptcy petition filed by Unlimited only (see 11 USC § 362 [a]). The automatic bankruptcy stay is generally not extended to non-debtor guarantors (see Milliken & Co. v Stewart,

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