(Victor M. Metsch is a Senior Litigation/ADR partner at Hartman & Craven LLP. He can be reached at firstname.lastname@example.org. He maintains a website at www.LegalVictor.net and can be found on Twitter at @LegalVictor1).
This article was originally published on Law.com
On August 22, 2012, the Second Department issued a clear and concise Decision and Order in Board of Managers of Marbury Club Condominium v. Marbury Corners, LLC, 2012 NY Slip Op. 06008.
The first paragraph described the appeal:
In an action, inter alia, for a judgment declaring that a certain promissory note and related documents are illegal, invalid, and/or otherwise unenforceable, the defendants appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Westchester County (Scheinkman, J.), dated September 22, 2010, as granted those branches of the plaintiff’s motion which were for summary judgment declaring that the subject promissory note and related documents are illegal, invalid, and/or otherwise unenforceable and on the cause of action for injunctive relief, declared that the subject promissory note and related documents are illegal, invalid, and/or otherwise unenforceable, and awarded the plaintiff certain injunctive relief.