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STARR PASS RESORT DEVS., LLC v. CR EF3 SP A PARTICIPATION, LLC

151891/20. Appeal No. 15789. Case No. 2021-03348.

204 A.D.3d 595 (2022)

165 N.Y.S.3d 304

2022 NY Slip Op 02767

Starr Pass Resort Developments, LLC, et al., Appellants, v. CR EF3 SP A Participation, LLC, Respondent, et al., Defendant.

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

Decided April 26, 2022.

Attorney(s) appearing for the Case

Nesenoff & Miltenberg LLP, New York (Amy J. Zamir of counsel), for appellants.

Ballard Spahr, LLP, New York (Marjorie J. Peerce of counsel), and Ballard Spahr, LLP, Phoenix, AZ (Brian Schulman of the bar of the State of Arizona, admitted pro hac vice, of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.

The motion court correctly determined that the Arizona judgment, which was affirmed by the Arizona Court of Appeals, covered the amounts that would have been sought in an action for a deficiency judgment (see Citibank [Arizona] v Bhandhusavee, 188 Ariz. 434, 437-438, 937 P.2d 356, 359-360 [Ct App 1996], citing Valley Natl. Bank v Kohlhase,

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