Beal Bank, SSB v. Sandpiper Resort Corp.
Court: Appellate Division of the Supreme Court of the State of New York; June 8, 1998; New York; State Appellate Court
Defendants Daniel Barbiero and Mark Mashburn appeal from three judicial decisions in a mortgage foreclosure action: (1) a May 28, 1997 order that granted the plaintiffs' motion for summary judgment and denied the defendants' cross-motion to dismiss; (2) an August 5, 1997 order that adhered to the previous May order upon reargument; and (3) a September 16, 1997 judgment that required the defendants to pay any deficiency after the sale of the mortgaged property. The appeals from the two orders are dismissed because the right to appeal from these orders ended with the entry of the judgment. The issues raised in the appeals from the orders were reviewed in conjunction with the appeal from the judgment. The court found that the payment guarantees executed by the defendants for a loan to Enzo, Ltd. d/b/a The Sandpiper Resort were valid and enforceable. The defendants were not discharged from these guarantees under the bankruptcy reorganization plan of Cold Spring Bay Owners f/k/a Sandpiper Resort Corp. The guarantees remain enforceable even if the principal debtor is not liable. The court affirmed the judgment and awarded the respondent one bill of costs. Justices Sullivan, Joy, Krausman, and Florio concurred.