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RUBIN SCHRON plf-res, v. LEONARD GRUNSTEIN def-ap, TROUTMAN SANDERS LLP def

9698. RUBIN SCHRON plf-res, v. LEONARD GRUNSTEIN def-ap, TROUTMAN SANDERS LLP def — Zuckerman Spaeder LLP, New York (Paul Shechtman of counsel), for ap — Dechert LLP, New York (Andrew J. Levander of counsel), for res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered September 6, 2012, which, after a nonjury trial pursuant to CPLR 3212(c), directed, among other things, that defendantsappellants (defendants) proceed to closing and deliver the membership units of defendant SVCare Holdings LLC to plaintiffs pursuant to their exercise of the option to purchase such units, unanimously affirmed, with costs.

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9698. RUBIN SCHRON plf-res, v. LEONARD GRUNSTEIN def-ap, TROUTMAN SANDERS LLP def — Zuckerman Spaeder LLP, New York (Paul Shechtman of counsel), for ap — Dechert LLP, New York (Andrew J. Levander of counsel), for res — Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered September 6, 2012, which, after a nonjury trial pursuant to CPLR 3212(c), directed, among other things, that defendantsappellants (defendants) proceed to closing and deliver the membership units of defendant SVCare Holdings LLC to plaintiffs pursuant to their exercise of the option to purchase such units, unanimously affirmed, with costs.

Plaintiffs made a prima facie case against defendants by producing the notes and asserting without contradiction that the loan they evidenced had not been repaid (UrbanAmerica, L.P. II v. Carl Williams Group, L.L.C., 95 AD3d 642, 643 [1st Dept 2012]).

 
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