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PIRS CAPITAL LLC v. D&M INC

Docket No. 651203/2019.

69 Misc.3d 457 (2020)

129 N.Y.S.3d 734

2020 NY Slip Op 32677

PIRS CAPITAL, LLC, Plaintiff, v. D&M TRUCK, TIRE & TRAILER REPAIR INC. et al., Defendants.

Supreme Court, New York County.

Decided August 17, 2020.

Attorney(s) appearing for the Case

Foster & Wolkind, P.C., New York City ( Peter B. Foster and Bryan E. Wolkind of counsel), for plaintiff.

Rick Geller, LLC, Great Neck ( Rebecca Ryland Cusick of counsel), for defendants.

OPINION OF THE COURT

Plaintiff, Pirs Capital, LLC, entered into a transaction with defendant D&M Truck, Tire & Trailer Repair Inc. that on its face was a purchase by Pirs Capital of D&M's future receivables, guaranteed by D&M's principal, defendant Jeremy O'Neil. D&M ceased turning over its receivables...

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