VNB N.Y. LLC v. MAIDI

6057 651998/16.

159 A.D.3d 556 (2018)

74 N.Y.S.3d 184

2018 NY Slip Op 02001

VNB NEW YORK LLC, Appellant, v. AMNON MAIDI et al., Respondents.

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

Decided March 22, 2018.


Defendants Amnon Maidi and Simona Maidi concede both their liability as guarantors of the note which plaintiff seeks to enforce and their breach of the note's payment obligations. Defendants argue that plaintiff's express rights under the note to accelerate payment of the indebtedness upon a breach, and to collect attorney fees in an enforcement action, were extinguished by a 2012 so-ordered stipulation of settlement in a prior action to enforce, which provided, inter alia...

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