MEMORANDUM AND ORDER
HURLEY, Senior District Judge.
Bank of America, N.A. ("plaintiff" or "Bank of America") commenced this diversity action against Mark Fischer ("Fischer") and Wayne Wahrsager ("Wahrsager") (collectively, the "defendants") for breaching their guaranties in connection with a $17.5 million loan to New York Merchants Protective Co., Inc. ("NYMP"), a company owned and controlled by the defendants.
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