NEXBANK, SSB v. SOFFER

15237, 652072/13

129 A.D.3d 485 (2015)

11 N.Y.S.3d 135

2015 NY Slip Op 04918

NEXBANK, SSB, Respondent, v. JEFFREY SOFFER et al., Appellants.

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

Decided June 11, 2015.


Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 2, 2014, which denied defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

[Prior Case History: 2014 NY Slip Op 31433(U).]

The motion court correctly concluded that Nevada law applies to the definition of "lien," as found in the guaranty. The guaranty provides that the definition is to be drawn from the loan agreement, which in turn...

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