Legal Opinion

North Hill Funding of New York, LLC v. Maiden & Madison Holdings, LLC

Appellate Division of the Supreme Court of the State of New York

Decided June 11, 2015No. 15386 602997/09 603397/09Published

1Opinion of the Court

Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered April 16, 2014, in favor of plaintiffs, unanimously reversed, on the law, with costs, the judgment vacated, and the matter remanded for further proceedings in accordance herewith.

In an order entered December 23, 2011, Supreme Court construed the limitation in defendants’ guaranty of a loan by plaintiff to apply to the total of the guaranteed obligation minus any money collected by plaintiff. Defendants noticed but failed to perfect an appeal from the order; “after allowing the first [appeal] to die on the vine,” they do…

2Cases cited6 opinions

  1. Bray v. CoxNew York Court of Appeals · 1976
  2. Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
  3. Faricelli v. TSS Seedman's, Inc.New York Court of Appeals · 1999
  4. Poughkeepsie Savings Bank, FSB v. Maplewood Land Development Co.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Weinsten v. Fleet Factors Corp.Appellate Division of the Supreme Court of the State of New York · 1994

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