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PHOENIX GRANTOR TRUST v. EXCLUSIVE HOSPITALITY, LLC

2016-07435, Index No. 710949/15.

172 A.D.3d 923 (2019)

101 N.Y.S.3d 175

2019 NY Slip Op 03635

Phoenix Grantor Trust, Respondent, v. Exclusive Hospitality, LLC, et al., Appellants, et al., Defendants.

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

Decided May 8, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

In this action, the plaintiff seeks, inter alia, to foreclose a commercial mortgage encumbering real property in Woodside, Queens, improved with a hotel operated by the defendant Exclusive Hospitality, LLC (hereinafter Exclusive), under a franchise agreement. In addition to Exclusive, the defendants include the members and managers of Exclusive, who are also guarantors or limited guarantors of...

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