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CITY NATIONAL BANK v. FOUNDRY DEVELOPMENT GROUP, LLC

2014-00540

129 A.D.3d 1011 (2015)

13 N.Y.S.3d 447

2015 NY Slip Op 05434

CITY NATIONAL BANK, a National Banking Association, for Itself and as Acquirer of Certain Assets and Liabilities of IMPERIAL CAPITAL BANK, from the Federal Deposit Insurance Corporation Acting as Receiver, Respondent, v. FOUNDRY DEVELOPMENT GROUP, LLC, et al., Appellants, et al., Intervenors-Defendants.

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

Decided June 24, 2015.

In an action to recover on promissory notes and a personal guaranty, the defendants Foundry Development Group, LLC, Herman Freund, and Albert Weiss appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Onofry, J.), dated September 3, 2013, as denied those branches of their motion which were for summary judgment dismissing the complaint insofar as asserted against them and on their counterclaims, and granted those branches of the...

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