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K9 BYTES, INC. v. ARCH CAPITAL

No. 54755/16.

56 Misc.3d 807 (2017)

2017 NY Slip Op 27166

57 N.Y.S.3d 625

K9 BYTES, INC., et al., Plaintiffs, v. ARCH CAPITAL FUNDING, LLC, et al., Defendants.

Supreme Court, Westchester County.

Decided May 4, 2017.

Attorney(s) appearing for the Case

Guiliano McDonnell & Perrone, LLP, Mineola, for Arch Capital Funding, LLC, defendant.

Proskauer Rose LLP, New York City, for Cap Call, LLC, defendant.

Jonathan M. Proman , New York City, for plaintiffs.

OPINION OF THE COURT

There are two motions to dismiss before the court, one filed by each defendant. Although the defendants are similarly situated, in that each is a company that provides working capital to businesses, using contracts that expressly state that they are "merchant agreements" and not loans, the forms...

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