ACE FUNDING SOURCE, LLC v. MYKA CELLARS, INC.

2019-03103. Index No. 2965/18.

191 A.D.3d 624 (2021)

137 N.Y.S.3d 722

2021 NY Slip Op 00538

Ace Funding Source, LLC, Appellant, v. Myka Cellars, Inc., et al., Respondents.

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

Decided February 3, 2021.


Attorney(s) appearing for the Case

Hodgson Russ LLP, Buffalo, NY ( Steven W. Wells and James J. Zawodzinski, Jr. , of counsel), for appellant.

Chambers, J.P., LaSalle, Iannacci and Christopher, JJ., concur.


Ordered that the order is reversed, on the law, with costs, the defendants' motion to vacate the two judgments by confession entered December 4, 2018, is denied, and the judgments are reinstated.

On June 28, 2018, the plaintiff, Ace Funding Source, LLC, entered into two merchant agreements with the defendant limited liability companies and corporations (hereinafter collectively the merchant defendants), which operated affiliated wineries and wine-related businesses...

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