Federal Deposit Insurance v. 7 A.M. to 11 P.M. Delicatessen, Inc.

—In an action to recover on a guaranty of payment, the defendant Joseph Sauerhoff appeals from so much of (1) an order of the Supreme Court, Richmond County, (Mastro, J.), dated March 3, 1997, which granted that branch of the plaintiffs motion which was for summary judgment in lieu of complaint pursuant to CPLR 3213 as against him and (2) a judgment of the same court, dated July 21, 1997, as is in favor of the plaintiff and against him in the principal sum of $120,000. The appellant’s notice of appeal from the order dated March 3, 1997, is also deemed a notice of appeal from the judgment…