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ACADIA WOODS PARTNERS, LLC v. SIGNAL LAKE FUND LP

651440/10, 9029A.

2013 NY Slip Op 00270

ACADIA WOODS PARTNERS, LLC, Plaintiff-Respondent, v. SIGNAL LAKE FUND LP, ET AL., Defendants-Appellants. DAKOTA PARTNERS, LLC, ET AL., Intervenors.

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

Decided January 17, 2013.

Attorney(s) appearing for the Case

Siegel & Reiner LLP, New York ( Carl D. Bernstein of counsel), for appellants.

Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York ( Andowah A. Newton of counsel), for respondent.

Before: Mazzarelli, J.P., Andrias, DeGrasse, Richter, Clark, JJ.

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, 304 [1st Dept 2009...

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