Studley v. Sheber

Motion for reargument of this court’s decision and order entered on October 23, 1990 ( 166 AD2d 319 ) granted to extent of deleting the last full paragraph of the second page thereof and substituting therefor the following: "Sherber’s obligation to pay off the outstanding loan balance does not accrue until actual payment is made by Studley (Mars Assocs. v New York City Educ. Constr. Fund, 126 AD2d 178 , lv dismissed 70 NY2d 747 ). Accordingly, Supreme Court properly limited relief to the amount paid to Chemical Bank by plaintiff.” Concur—Kupferman, J. P., Asch, Smith and Rubin, JJ.