Sacco v. Sutera
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for fraud and breach of fiduciary *447duty, the defendant Emanuele J. Sutera appeals from so much of an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated June 19, 1998, as denied his cross motion for summary judgment on his counterclaim to recover on a personal guarantee.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion is granted.
The appellant sustained his initial burden of demonstrating his entitlement to judgment as a matter of law by submitting proof of the existence of an…
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