FX FUNDING LLC v. FOX RX INC.

Index No. 656779/16. Appeal No. 15824. Case No. 2021-02732.

204 A.D.3d 608 (2022)

165 N.Y.S.3d 314

2022 NY Slip Op 02871

FX Funding LLC, Appellant, v. Fox RX Inc. et al., Respondents.

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

Decided April 28, 2022.


Attorney(s) appearing for the Case

Law Office of Sheldon H. Gopstein, New York ( Sheldon H. Gopstein of counsel), for appellant.

Harriette N. Boxer , Bay Shore, for respondents.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.


Plaintiff's prior summary judgment motion concerned two promissory notes that were provided in connection with three loans by plaintiff to defendant Fox between March and October 2014. The third note, which was the subject of the instant motion, had not matured at the time the prior motion was filed. Thus, nonpayment of that note was not an available ground for summary judgment at that time, and the instant motion is therefore not an improper successive summary judgment motion...

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