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MERCHANT FUNDING SERVS., LLC v. VOLUNTEER PHARMACY, INC.

2017-00121, 2017-00483, Index No. 58741/16.

179 A.D.3d 1051 (2020)

114 N.Y.S.3d 672

2020 NY Slip Op 00582

Merchant Funding Services, LLC, Appellant, v. Volunteer Pharmacy, Inc., et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 29, 2020.

Ordered that the appeal from the order dated December 23, 2016, is dismissed, as that order was superseded by the amended order dated December 30, 2016; and it is further,

Ordered that the amended order dated December 30, 2016, is reversed, on the law, the order dated December 23, 2016, is vacated, and the defendants' motion is denied without prejudice to the defendants' right to commence a plenary action to vacate the judgment by confession; and it is further,

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