Cited for
At page 668 Determining intertwining of agreements and promissory note7 citing cases
- Castle Restoration & Constr., Inc. v. Castle Restoration, LLC, 155 A.D.3d 678 (N.Y. App. Div. 2d Dep't 2017).publishedThis Court found that the defendants failed to demonstrate that their claims under an alleged oral construction management agreement were “ ‘inextricably intertwined’ with the promissory note” (id. at 790, quoting New York Community Bank v…
- Castle Restoration & Constr., Inc. v. Castle Restoration, LLC, 149 A.D.3d 692 (N.Y. App. Div. 2d Dep't 2017).publishedThis Court found that the defendants failed to demonstrate that their claims under an alleged oral construction management agreement were “ ‘inextricably intertwined’ with the promissory note” (id. at 790, quoting New York Community Bank v…
- Chervinsky v. Rezhets, 132 A.D.3d 713 (N.Y. App. Div. 2d Dep't 2015).publishedThe plaintiff made a prima facie showing of his entitlement to judgment as a matter of law by submitting the promissory note, which contained an unequivocal and unconditional obligation to pay, the personal guaranty, and proof of the defen…
- Preciosa USA, Inc. v. Weiss & Biheller, MDSE, Corp., 127 A.D.3d 1156 (N.Y. App. Div. 2d Dep't 2015).publishedFurthermore, contrary to the defendants’ contention, the subject note was not “inextricably intertwined” with certain other allegedly related agreements the parties entered into, such that the plaintiffs alleged breach of those agreements…
- Castle Restoration & Constr., Inc. v. Castle Restoration, LLC, 122 A.D.3d 789 (N.Y. App. Div. 2d Dep't 2014).publishedHere, the defendants failed to demonstrate that the alleged oral construction management agreement was “inextricably intertwined” with the promissory note (New York Community Bank v Fessler, 88 AD3d at 668; see Quadrant Mgt.
- Clemente Bros. Contracting Corp. v. Hafner-Milazzo, 100 A.D.3d 677 (N.Y. App. Div. 2d Dep't 2012).published Further, Capital One established its prima facie entitlement to judgment as a matter of law on its counterclaims by demonstrating the existence of two notes executed by Contracting, Clemente’s guaranty, the terms of repayment, and defaults…
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New York Community Bank
v.
Eric Fessler
v.
Eric Fessler
Appellate Division of the Supreme Court of the State of New York.
Oct 4, 2011.
Published opinion
Cited by 9 opinions | Published
The portion of the order appealed from has been superseded by an order of the same court entered April 16, 2010, made upon reargument (see New York Community Bank v Fessler, 88 AD3d 667 [2011] [decided herewith]). Accordingly, the appeal must be dismissed. Angiolillo, J.E, Dickerson, Hall and Cohen, JJ., concur.