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CN FUNDING LLC v. ENSIG GROUP LTD.

18 Misc.3d 214 (2007)

846 N.Y.S.2d 555

CN FUNDING LLC, Plaintiff, v. ENSIG GROUP LTD. et al., Defendants.

Supreme Court, New York County.

October 31, 2007.

Attorney(s) appearing for the Case

Platzer, Swergold, Karlin, Levine, Goldberg & Jaslow, LLP, New York City (Lauren Valente of counsel), for plaintiff.

Richard L. Koral, New York City, for defendants.

OPINION OF THE COURT

DEBRA A. JAMES, J.

The court shall deny plaintiff's motion for summary judgment on its complaint, to dismiss the answer and enter a monetary judgment in its favor. Pursuant to CPLR 3212 (b), having searched the record, the court shall grant defendants summary judgment on their second affirmative defense that alleges that "Defendants received no consideration to support the alleged indebtedness...

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