Nexbank, SSB v. Soffer

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 2, 2014, which denied defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

The motion court correctly concluded that Nevada law applies to the definition of “lien,” as found in the guaranty. The guaranty provides that the definition is to be drawn from the loan agreement, which in turn provides that “lien” is to be construed in accordance with Nevada law.

Defendants triggered the guaranty when they filed a lis pendens on the property, since the lis pendens falls within the definition…