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

Index No. 652710/2019, Appeal No. 14104, Case No. 2021-00877.

2021 NY Slip Op 04002

STRATEGIC FUNDING SOURCE, INC. DOING BUSINESS AS KAPITUS AND KAPITUS SERVICING, INC., ETC., Plaintiff-Respondent, v. STEENBOK, INC., ET AL., Defendants-Appellants.

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

Decided June 22, 2021.

Attorney(s) appearing for the Case

Law Office of Harriette N. Boxer, Bay Shore ( Harriette N. Boxer of counsel), for appellants.

K. Nicola Harrison , New York, for respondent.

Before: Renwick, J.P., Kennedy, Scarpulla, Mendez, JJ.

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered February 17, 2021, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The parties entered into eight merchant agreements whereby defendants received a cash advance for four restaurants in exchange for a percentage of future credit card receivables. The restaurants' credit card receivables were to be deposited into a bridge account held...

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