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STRATEGIC FUNDING SOURCE, INC. v. STEENBOK, INC.

Index No. N652710/19. Appeal No. 13844N. Case No. 2020-04995.

194 A.D.3d 530 (2021)

148 N.Y.S.3d 446

2021 NY Slip Op 03127

Strategic Funding Source, Inc., Doing Business as Kapitus, et al., Respondents, v. Steenbok, Inc., et al., Appellants.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Harriette N. Boxer , Bay Shore, for appellants.

Kristyn N. Harrison , New York ( K. Nicola Harrison of counsel), for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

Although some of the information plaintiff seeks pre- and post-dates the terms of the contracts at issue, the information is nonetheless material and necessary to its claims (see CPLR 3101[a]; Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403 [1968]), since plaintiffs allege that defendants warranted their financial condition when they entered into the contracts, that they may have misrepresented their financial condition,...

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