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MAIDMAN FAMILY PARKING, L.P. v. WALLACE INDUS., INC.

524373.

155 A.D.3d 1162 (2017)

65 N.Y.S.3d 575

2017 NY Slip Op 07665

MAIDMAN FAMILY PARKING, L.P., Respondent, v. WALLACE INDUSTRIES, INC., et al., Defendants and Third-Party Plaintiffs-Appellants, and CPM GOLF, LLC, Appellant, et al., Defendants. MITCHEL ARON MAIDMAN et al., as Executors of the Estate of RICHARD MAIDMAN, Deceased, et al., Third-Party Defendants-Respondents.

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

Decided November 2, 2017.

In June 2004, defendants Combustion Products Management, Inc. (hereinafter CPM), CPM Virginia, LLC, CPM Pennsylvania, LLC and CPM Golf, LLC, along with defendant Wallace Industries, Inc., executed and delivered two mortgage notes totaling $400,000 in favor of plaintiff. In July 2015, plaintiff commenced the present action seeking to...

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