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MONTECALVO v. CAT E., LLC

2014-04358

128 A.D.3d 783 (2015)

7 N.Y.S.3d 906

2015 NY Slip Op 04103

RONALD R. MONTECALVO, JR., as Trustee of the GAIL MONTECALVO JTM STOCK TRUST, Appellant, v. CAT EAST, LLC, et al., Respondents.

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

Decided May 13, 2015.

In an action to recover on a promissory note and personal guaranty, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated March 18, 2014, which denied his motion for summary judgment in lieu of complaint.

Ordered that the order is affirmed, with costs.

"While, generally, the breach of a related...

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