Legal Opinion
Excelsior Capital, LLC v. Superior Broadcasting Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 2012PublishedCited by 2 opinions
1Opinion of the Court
*671The plaintiffs in this action sought to recover, inter alia, on a series of loans made by Excelsior Capital, LLC (hereinafter Excelsior), to the defendant Superior Broadcasting Company, Inc. (hereinafter Superior), some of which were personally guaranteed by the decedent C. Robert Allen, III. After a trial, the Supreme Court granted that branch of Allen’s motion which was pursuant to CPLR 4401 to dismiss the causes of action to recover against him on the guarantees, finding that the evidence established that the notes had been modified without Allen’s consent, thereby discharging his…
2Cases cited11 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Farr v. NewmanNew York Court of Appeals · 1964
- M.H. Metal Products Corporation v. AprilNew York Court of Appeals · 1929
- Smalls v. Reliable Auto Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
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3Cited by2 opinions
- Sokolik v. PatemanAppellate Division of the Supreme Court of the State of New York · 2014
- Sokolik v. PatemanAppellate Division of the Supreme Court of the State of New York · 2014