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SUTTONGATE HOLDINGS LTD. v. LACONM MGT. N.V.

Index No. 652393/15, 595290/17. Appeal No. 13557N. Case No. 2019-04034.

193 A.D.3d 489 (2021)

146 N.Y.S.3d 610

2021 NY Slip Op 02229

Suttongate Holdings Limited, Respondent, v. Laconm Management N.V. et al., Defendants/Counterclaim Plaintiffs, and Samir Andrawos et al., Appellants. Suttongate Holdings Limited et al., Counterclaim Defendants. (And a Third-Party Action.).

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

Decided April 8, 2021.

Attorney(s) appearing for the Case

Franzino & Scher LLC, New York ( Frank J. Franzino Jr. and George du Pont of counsel), for appellants.

Thompson Hine, LLP, New York ( Renee M. Zaytsev of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, González, Mendez, JJ.

In a prior appeal, this Court reinstated the dismissed first four causes of action, upholding the validity of the loan agreement and, as relevant herein, defendant's accompanying personal guarantee (Suttongate Holdings Ltd. v Laconm Mgt. N.V., 173 A.D.3d 618 [1st Dept 2019], lv dismissed 35 N.Y.3d 983 [2020]). On remittitur, the trial court held the necessary "further proceedings" (see CPLR 5524[b]), and, in the ensuing...

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