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COUNSEL FIN. HOLDINGS LLC v. SULLIVAN LAW, L.L.C.

501 CA 21-00891.

208 A.D.3d 1028 (2022)

173 N.Y.S.3d 816

2022 NY Slip Op 04861

Counsel Financial Holdings LLC, Respondent, v. Sullivan Law, L.L.C., et al., Appellants. (Appeal No. 2.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

PHILLIPS LYTLE LLP, BUFFALO ( SEAN C. McPHEE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WOODS OVIATT GILMAN LLP, BUFFALO ( JOHN C. NUTTER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Defendants appeal from a judgment awarding plaintiff damages in the amount of $6,865,243.34. By motion for summary judgment in lieu of complaint (see CPLR 3213), plaintiff sought to recover on a revolving promissory note (note) executed by defendant Sullivan Law, L.L.C. (Sullivan Law) and a guaranty for payment and performance (guaranty) for the note executed...

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