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CITY NATIONAL BANK v. FOUNDRY DEVELOPMENT GROUP, LLC

2015-11632 Index No. 11406/09.

160 A.D.3d 920 (2018)

72 N.Y.S.3d 491

2018 NY Slip Op 02765

City National Bank, a National Banking Association, for Itself and as Acquirer of Certain Assets and Liabilities of Imperial Capital Bank, from the Federal Deposit Insurance Corporation Acting as Receiver, Respondent, v. Foundry Development Group, LLC, et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 25, 2018.

Ordered that the judgment is affirmed, with costs.

In October 2009, the plaintiff's predecessor-in-interest, Imperial Capital Bank (hereinafter Imperial), commenced this action to recover on three promissory notes and a personal guaranty executed by the defendants Herman Freund and Albert Weiss, after the defendant Foundry Development Group, LLC (hereinafter Foundry), defaulted in paying the principal and interest due on September 1, 2009, the maturity date of the...

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