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WIDER CONSOLIDATED, INC. v. TONY MELILLO, LLC

2012-02390, (Index No. 7081/09).

107 A.D.3d 883 (2013)

968 N.Y.S.2d 521

2013 NY Slip Op 4597

WIDER CONSOLIDATED, INC., Respondent, v. TONY MELILLO, LLC, et al., Appellants.

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

Decided June 19, 2013.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action, inter alia, to recover on an account stated and to recover damages for breach of a personal guaranty allegedly executed by the defendant Tony Melillo, the managing member of the defendant Tony Melillo, LLC. The Supreme Court denied that branch of the defendants' cross motion which was for summary judgment dismissing...

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