Appellate Division of the Supreme Court of the State of New York June 16, 2011 (Cicero v. Aspen Hills II, LLC)

Spain, J.

Appeal from an order of the Supreme Court (Giardino, J.), entered July 26, 2010 in Fulton County, which, among other things, denied plaintiffs motion for a deficiency judgment against certain defendants.

In 2005, defendants Aspen Hills II, LLC, Robert A. Bosnian, Judith E. Janeo, Kevin C. Thompson and J.