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ITRIA VENTURES LLC v. BEAVER ST. PIZZA LLC

Index No. 656129/18. Appeal No. 13778. Case No. 2019-5339.

194 A.D.3d 447 (2021)

143 N.Y.S.3d 521

2021 NY Slip Op 02874

Itria Ventures LLC, Appellant, v. Beaver Street Pizza LLC et al., Respondents.

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

Decided May 6, 2021.

Attorney(s) appearing for the Case

Law Offices of Nicholas Panzini, Copiague ( Mitchell Seidman of counsel), for appellant.

Concur— Renwick, J.P., Kapnick, Singh, Kennedy, JJ.

Plaintiff has not established that it is entitled to the remedy of seizing the collateral in Beaver Street's possession, which requires a showing of the "probability of success on the merits" (East Side Car Wash v K.R.K. Capitol, 102 A.D.2d 157, 161 [1st Dept 1984], appeal dismissed 63 N.Y.2d 770 [1984]). Plaintiff has failed to make such an evidentiary showing or to otherwise support its assertion that this Court should grant...

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