Small Bus. Loan Source, LLC v 4 Dogs of Syracuse, LLC (2011 NY Slip Op 01146)

Small Bus. Loan Source, LLC v 4 Dogs of Syracuse, LLC

2011 NY Slip Op 01146 [81 AD3d 1390]

February 18, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 30, 2011

Small Business Loan Source, LLC, Appellant,
v
4 Dogs of Syracuse, LLC, et al., Defendants. Joseph A. Kessler, Nonparty Respondent.

—[*1] Deily, Mooney & Glastetter, LLP, Albany (John D. Rodgers of counsel), for plaintiff-appellant.

Hinman Howard & Kattell, LLP, Binghamton (Linda Johnson of counsel), for Nonparty respondent.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered November 3, 2009 in a foreclosure action. The order, among other things, denied plaintiff's motion for leave to pursue a deficiency judgment against nonparty guarantor Joseph A. Kessler.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.