AH WINES, INC. v. C6 CAPITAL FUNDING LLC

707 CA 20-01231.

199 A.D.3d 1328 (2021)

154 N.Y.S.3d 526

2021 NY Slip Op 06227

AH Wines, Inc., et al., Respondents, v. C6 Capital Funding LLC, Appellant. (Appeal No. 2.).

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

Decided November 12, 2021.


Attorney(s) appearing for the Case

CARTER LEDYARD & MILBURN LLP, NEW YORK CITY ( JEFFREY S. BOXER OF COUNSEL), FOR DEFENDANT-APPELLANT.

THE BASILE LAW FIRM, P.C., JERICHO ( CATHERINE McGOVERN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Centra, J.P., Peradotto, NeMoyer, Curran and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the preliminary injunction is vacated.

Memorandum: Plaintiffs commenced this action seeking, inter alia, to vacate a judgment by confession and thereafter moved by order to show cause to enjoin defendant from enforcing that judgment. In appeal No. 1, defendant purports to appeal from a decision granting the motion. In appeal No. 2, defendant...

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