Appellate Division of the Supreme Court of the State of New York May 25, 2017, 4139 159880/13 (BBCN Bank v. 12th Avenue Restaurant Group Inc.)

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered February 16, 2016, which denied defendant Robert N. Swetnick’s motion for summary judgment dismissing the complaint as against him, and denied plaintiff’s motion for summary judgment on the third and tenth causes of action, unanimously modified, on the law, to grant Swetnick’s motion, and otherwise affirmed, without costs.