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FUNDING METRICS, LLC v. D & V HOSPITALITY, INC.

2019-01981. Index No. 66431/16.

197 A.D.3d 1150 (2021)

151 N.Y.S.3d 365

2021 NY Slip Op 04964

Funding Metrics, LLC, Appellant, v. D & V Hospitality, Inc., Defendant, and Carl Vitellino, Respondent.

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

Decided September 15, 2021.

Attorney(s) appearing for the Case

Stein Adler Dabah & Zelkowitz LLP, New York, NY ( Christopher R. Murray of counsel), for appellant.

White & Williams, LLP, New York, NY ( Shane R. Heskin of counsel), for respondent.

Austin, J.P., Hinds-Radix, Connolly and Wooten, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Carl Vitellino is denied without prejudice to that defendant's right to commence a plenary action to vacate the judgment by confession.

Carl Vitellino (hereinafter the defendant) was the owner of the defendant D & V Hospitality, Inc. (hereinafter D & V). D & V entered into a merchant agreement dated September 23, 2016 (hereinafter the merchant agreement), with the...

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