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SIGNATURE FIN. LLC v. GARBER

Index No. 650695/17. Appeal No. 14758. Case No. 2021-00090.

200 A.D.3d 439 (2021)

159 N.Y.S.3d 38

2021 NY Slip Op 06784

Signature Financial LLC, Respondent, v. Symon Garber, Appellant.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Fox Rothschild LLP, New York ( John Wait of counsel), for appellant.

Moritt Hock & Hamroff LLP, Garden City ( Robert M. Tils of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.

Plaintiff established its prima facie burden on summary judgment by establishing its entitlement to the sums due under the notes, the borrowers' defaults under the notes, defendant's default under the guaranty agreements, and the amounts owing under each note and guaranty (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Defendant does not dispute that the borrowers were in default under the notes or that he was in default of...

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