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AH WINES, INC. v. C6 CAPITAL FUNDING LLC

663 CA 22-00220.

208 A.D.3d 1623 (2022)

174 N.Y.S.3d 654

2022 NY Slip Op 05437

Ah Wines, Inc., et al., Appellants, v. C6 Capital Funding LLC, Respondent.

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

Decided September 30, 2022.

Attorney(s) appearing for the Case

THE BASILE LAW FIRM P.C., JERICHO ( ERIC J. BENZENBERG OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

CARTER LEDYARD & MILBURN LLP, NEW YORK CITY ( JACOB HERSHEL NEMON , OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Centra, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking to vacate a judgment by confession on the ground that it was based on a criminally usurious loan. After plaintiffs filed an initial motion for, inter alia, summary judgment on the amended complaint and that motion was denied without prejudice, plaintiffs filed a second motion seeking the same relief. They now appeal from...

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