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ACADIA WOODS PARTNERS, LLC v. SIGNAL LAKE FUND LP

651440/10 9029A.

102 A.D.3d 522 (2013)

957 N.Y.S.2d 862

2013 NY Slip Op 270

ACADIA WOODS PARTNERS, LLC, Respondent, v. SIGNAL LAKE FUND LP et al., Appellants, et al., Intervenors.

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

Decided January 17, 2013.

Plaintiff made a prima facie showing of its entitlement to judgment as a matter of law by proffering defendants' unconditional guaranty, an instrument for the payment of money only, and an affidavit from plaintiff's managing director explaining defendants' default (see Weissman v Sinorm Deli, 88 N.Y.2d 437, 444 [1996]; Bank of Am., N.A. v Solow, 59 A.D.3d 304

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