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FUNDING METRICS v. D & V INC.

No. 66431/16.

62 Misc.3d 966 (2019)

91 N.Y.S.3d 678

2019 NY Slip Op 29008

FUNDING METRICS, LLC, Doing Business as QUICK FIX CAPITAL, Plaintiff, v. D & V HOSPITALITY, INC., et al., Defendants.

Supreme Court, Westchester County.

Decided January 7, 2019.

Attorney(s) appearing for the Case

White & Williams LLP, New York City ( Shane R. Heskin of counsel), for defendants.

Eric Solomon , New York City, and Stein Adler Dabah & Zelkowitz, LLP, Tarrytown ( Christopher R. Murray of counsel), for plaintiff.

OPINION OF THE COURT

In this matter, where the entry of a judgment by confession is challenged on the basis that the accompanying affidavit of nonpayment submitted to the County Clerk lacks information which is a prerequisite to such entry, and the plaintiff has failed to respond to the defendant's motion in a legally...

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