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SMALL BUSINESS LOAN SOURCE, LLC v. 4 DOGS OF SYRACUSE, LLC

Citations: 81 A.D.3d 1390; 916 N.Y.S.2d 864; 2011 NY Slip Op 01146Docket: CA 10-01784

Court: Appellate Division of the Supreme Court of the State of New York; February 17, 2011; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case Small Business Loan Source, LLC v. 4 Dogs of Syracuse, LLC, et al., the Appellate Division of the Supreme Court of the State of New York addressed an appeal regarding a foreclosure action. The appeal was from a November 3, 2009 order issued by the Supreme Court in Onondaga County, presided over by Justice John C. Cherundolo. The key issue was the denial of the plaintiff's motion to obtain leave to pursue a deficiency judgment against nonparty guarantor Joseph A. Kessler. The Appellate Division unanimously affirmed the lower court's order without costs, citing the reasoning provided in the original decision. The order was entered on February 18, 2011, with Patricia L. Morgan serving as the Clerk of the Court.

Legal Issues Addressed

Appellate Review of Lower Court Decisions

Application: The Appellate Division reviewed the lower court's decision and affirmed it, indicating agreement with the lower court's reasoning.

Reasoning: The Appellate Division unanimously affirmed the lower court's order without costs, citing the reasoning provided in the original decision.

Foreclosure Action and Deficiency Judgment

Application: The court addressed the issue of a plaintiff's motion for leave to pursue a deficiency judgment against a nonparty guarantor following a foreclosure action.

Reasoning: The key issue was the denial of the plaintiff's motion to obtain leave to pursue a deficiency judgment against nonparty guarantor Joseph A. Kessler.