NEW Y-CAPP, INC. v. YELLOWSTONE CAPITAL, LLC

288 CA 20-00688.

197 A.D.3d 881 (2021)

150 N.Y.S.3d 652

2021 NY Slip Op 04809

The New Y-Capp, Inc., et al., Respondents, v. Yellowstone Capital, LLC, Appellant.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

STEIN ADLER DABAH & ZELKOWITZ LLP, NEW YORK CITY ( CHRISTOPHER R. MURRAY OF COUNSEL), FOR DEFENDANT-APPELLANT.

THE COSGROVE LAW FIRM, BUFFALO ( EDWARD C. COSGROVE OF COUNSEL), AND WHITE AND WILLIAMS, NEW YORK CITY, FOR PLAINTIFFS-RESPONDENTS.

Present— Whalen, P.J., Lindley, Curran and DeJoseph, JJ.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, plaintiffs' motion is denied in its entirety and the judgment by confession is reinstated nunc pro tunc.

Memorandum: Plaintiffs commenced this action seeking to vacate a judgment by confession and declaratory relief based on, inter alia, allegations of fraud related to defendant's filing of the judgment as well as the underlying merchant cash advance agreement...

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