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KITCHEN WINNERS NY, INC. v. TRIPTOW

2022-04409, Index No. 500699/22.

2024 NY Slip Op 02181

KITCHEN WINNERS NY, INC., Respondent, v. DAVID TRIPTOW, ET AL., Appellants.

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

Decided April 24, 2024.

Attorney(s) appearing for the Case

The Law Office of Aaron M. Schlossberg, Esq., PLLC, White Plains, NY, for appellants.

Morrison Cohen LLP, New York, NY ( Y. David Scharf and Aaron B. Lauchheimer of counsel), for respondent.

Before: Mark C. Dillon, J.P., Cheryl E. Chambers, Lara J. Genovesi, Lourdes M. Ventura, JJ.

DECISION & ORDER

In an action to recover on a guaranty, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendants appeal from an order of the Supreme Court, Kings County (Leon Ruchelsman, J.), dated May 9, 2022. The order granted the plaintiff's motion for summary judgment in lieu of complaint and denied the defendants' cross-motion pursuant to CPLR 2201 to stay this action.

ORDERED that the order is modified...

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