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FUSION FUNDING v. LOFTTI INC.

133 CA 22-01117.

216 A.D.3d 1418 (2023)

186 N.Y.S.3d 873

2023 NY Slip Op 02414

Fusion Funding, Respondent, v. Loftti Inc., Doing Business as Loftti Café, Defendant, and Paul Kim, Appellant. (Appeal No. 2.).

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

Decided May 5, 2023.

Attorney(s) appearing for the Case

THE LINDEN LAW GROUP, P.C., NEW YORK CITY ( JEFFREY BENJAMIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

WELLS LAW P.C., LANCASTER ( JAMES M. SPECYAL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present— Smith, J.P., Peradotto, Curran, Montour and Ogden, JJ.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 24, 2022. The order and judgment denied the motion of defendant Paul Kim to vacate a default judgment and imposed monetary sanctions upon defendant Paul Kim.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by vacating that part granting sanctions and as modified the order and judgment is affirmed...

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