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SUTTONGATE HOLDINGS LIMITED v. LACONM MANAGEMENT N.V.

9745, 652393/15.

173 A.D.3d 618 (2019)

2019 NY Slip Op 05196

Suttongate Holdings Limited, Appellant, v. Laconm Management N.V. et al., Respondents. Laconm Management N.V. et al., Third-Party Plaintiffs-Respondents, v. Waverly Investments, Ltd., et al., Third-Party Defendants-Appellants.

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

Decided June 27, 2019.

Although the trial court failed to comply with CPLR 4213, in light of the court's retirement, we will resolve this case ourselves to the extent possible instead of remanding for a new trial (see e.g. Matter of Jose L. I., 46 N.Y.2d 1024, 1026 [1979]).

Except for plaintiff's claim on the guarantee that Iglesias was supposed to give it, the court erred in granting the individual...

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