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ACADIA WOODS PARTNERS, LLC, 9029Aplf-res, v. SIGNAL LAKE FUND LP def-ap

9029-. ACADIA WOODS PARTNERS, LLC, 9029Aplf-res, v. SIGNAL LAKE FUND LP def-ap — DAKOTA PARTNERS, LLC INTERVENORS. Siegel & Reiner LLP, New York (Carl D. Bernstein of counsel), for ap — Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York (Andowah A. Newton of counsel), for res — Judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 28, 2011, against defendants in the total amount of $6,042,751.23, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered October 26, 2011, which granted plaintiff's motion for summary judgment in lieu of complaint and directed entry of judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

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9029-. ACADIA WOODS PARTNERS, LLC, 9029Aplf-res, v. SIGNAL LAKE FUND LP def-ap — DAKOTA PARTNERS, LLC INTERVENORS. Siegel & Reiner LLP, New York (Carl D. Bernstein of counsel), for ap — Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York (Andowah A. Newton of counsel), for res — Judgment, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered October 28, 2011, against defendants in the total amount of $6,042,751.23, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered October 26, 2011, which granted plaintiff’s motion for summary judgment in lieu of complaint and directed entry of judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Plaintiff made a prima facie showing of its entitlement to judgment as a matter of law by proffering defendants’ unconditional guaranty, an instrument for the payment of money only, and an affidavit from plaintiff’s managing director explaining defendants’ default (see Weissman v. Sinorm Deli, 88 NY2d 437, 444 [1996]; Bank of Am., N.A. v. Solow, 59 AD3d 304, 304 [1st Dept 2009], lv dismissed 12 NY3d 877 [2009]).

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