PUNCH FASHION, LLC v. MERCHANT FACTORS CORP.

152276/18.

180 A.D.3d 520 (2020)

120 N.Y.S.3d 284

2020 NY Slip Op 01121

Punch Fashion, LLC, et al., Appellants, v. Merchant Factors Corp., Respondent. Merchant Factors Corp., Respondent, v. David Cleary et al., Appellants.

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

Decided February 18, 2020.


The court providently exercised its discretion in sub silentio denying the cross motion to dismiss the action brought by Merchant Factors Corp. pursuant to CPLR 3211(a)(4). Since both cases were before the same Justice, "a major concern" underlying the statute—viz., "to avoid the potential for conflicts that might result from rulings issued by courts of concurrent jurisdiction" (White Light Prods. v On The Scene Prods., 231 A.D.2d 90

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