Legal Opinion
Excelsior Capital, LLC v. Superior Broadcasting Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 2011PublishedCited by 5 opinions
1Opinion of the Court
*697Over the approximately six-month period between January 15, 2004, and July 28, 2004, the plaintiff Richard Davis, as president of and on behalf of the plaintiff Excelsior Capital, LLC (hereinafter Excelsior), made five loans to the defendant Superior Broadcasting Company, Inc. (hereinafter Superior), totaling over $18,000,000. Each loan was evidenced by a promissory note. Three of the five notes were personally guaranteed by the defendant C. Robert Allen III (hereinafter Allen), who owned 60% of Superior’s stock, and was the trustee of a family trust which held an additional 30% of Superior’s…
2Cases cited11 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Bier Pension Plan Trust v. Estate of SchneiersonNew York Court of Appeals · 1989
- White Rose Food v. SalehNew York Court of Appeals · 2003
- Goldberg v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2010
- M.H. Metal Products Corporation v. AprilNew York Court of Appeals · 1929
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3Cited by5 opinions
- Excelsior Capitol LLC v. K&L Gates LLPAppellate Division of the Supreme Court of the State of New York · 2016
- Excelsior Capital, LLC v. Superior Broadcasting Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Excelsior Capital, LLC v. Superior Broadcasting Co.Appellate Division of the Supreme Court of the State of New York · 2012
- PRG Assoc. Ltd. Partnership v. Planet Organic Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- SureTec Ins. Co. v. Atlas Solar Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2023