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STONE MOUNTAIN HOLDINGS, LLC v. SPITZER

2017-05156. Index No. 4292/09.

186 A.D.3d 520 (2020)

129 N.Y.S.3d 426

2020 NY Slip Op 04419

Stone Mountain Holdings, LLC, Respondent, v. Eliyahu Spitzer et al., Appellants, et al., Defendants.

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

Decided August 5, 2020.

Ordered that the order is affirmed, with costs.

In December 2007, the defendants Eliyahu Spitzer (hereinafter Spitzer) and Michael Steinberg borrowed $3 million from the plaintiff on behalf of Everyday Logistics, LLC (hereinafter Everyday) (see Stone Mtn. Holdings, LLC v Spitzer, 119 A.D.3d 548 [2014]). Everyday's debt was secured by, inter alia, a promissory note and an unconditional...

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