City Nat'l Bank v. Foundry Dev. Grp., LLC

• Decision Date: 24 June 2015
• Docket Number: 2014-00540
• Citation: 13 N.Y.S.3d 447,129 A.D.3d 1011,2015 N.Y. Slip Op. 05434
• Parties: CITY NATIONAL BANK, etc., respondent, v. FOUNDRY DEVELOPMENT GROUP, LLC, et al., appellants, et al., intervenors-defendants.
• Court: New York Supreme Court — Appellate Division

129 A.D.3d 1011
13 N.Y.S.3d 447
2015 N.Y. Slip Op. 05434

CITY NATIONAL BANK, etc., respondent
v.
FOUNDRY DEVELOPMENT GROUP, LLC, et al., appellants, et al., intervenors-defendants.

2014-00540

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

June 24, 2015.

13 N.Y.S.3d 447

Blustein, Shapiro, Rich & Barone, LLP, Goshen, N.Y. (Gardiner S. Barone of counsel), for appellants.

Reed Smith, LLP, New York, N.Y. (James M. Andriola and Efrat Cohen of counsel), for respondent.

MARK C. DILLON, J.P., THOMAS A. DICKERSON, CHERYL E. CHAMBERS, and BETSY BARROS, JJ.

Opinion

129 A.D.3d 1012

In an action to recover on promissory notes and a personal guaranty, the defendants Foundry Development Group, LLC, Herman Freund, and Albert Weiss appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (Onofry, J.), dated September 3, 2013, as denied those branches of their motion which were for summary judgment dismissing the complaint insofar as asserted against them and on their counterclaims, and granted those branches of the plaintiff's cross motion which were for summary judgment on the issue of liability insofar as asserted against them and dismissing their counterclaims.

ORDERED that the order is affirmed insofar as appealed from, 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), allegedly defaulted in paying the principal and interest due on September 1, 2009, the maturity date of the notes. In

13 N.Y.S.3d 448

their answer, Foundry, Freund, and Weiss (hereinafter collectively the defendants) asserted counterclaims, alleging, inter alia, that Imperial “prevented ... Foundry from...