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GE OIL & GAS, INC. v. TURBINE GENERATION SERVICES, L.L.C.

652296/15. 4079. 4078. 4077. 4076. 4075.

150 A.D.3d 586 (2017)

2017 NY Slip Op 04081

56 N.Y.S.3d 52

GE OIL & GAS, INC., Respondent, v. TURBINE GENERATION SERVICES, L.L.C., et al., Appellants. (And a Third-Party Action.)

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

Decided May 23, 2017.

The record demonstrates conclusively defendants' nonpayment of a note and guaranty (see Citibank v Plapinger, 66 N.Y.2d 90, 92 [1985]; Grand Pac. Fin. Corp. v 97-111 HALE, LLC, 90 A.D.3d 534, 535 [1st Dept 2011]). It is undisputed that defendant Turbine Generation Services, L.L.C. did not repay the note at the extended maturity date and that defendant Moreno absolutely and unconditionally...

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