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KAPITUS SERVICING, INC. v. POINT BLANK CONSTR., INC.

Index No. 653952/22. Appeal No. 1111. Case No. 2023-03734.

221 A.D.3d 532 (2023)

202 N.Y.S.3d 1

2023 NY Slip Op 06087

Kapitus Servicing, Inc., Formerly Known as Colonial Funding Network, Inc., as Servicer and Agent for Fig Capital, LLC, Respondent, v. Point Blank Construction, Inc., et al., Appellants.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

Law Office of Amos Weinberg, Great Neck ( Amos Weinberg of counsel), for appellants.

Kapitus Servicing, Inc., New York ( Kristyn Nicola Harrison of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Friedman, González, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about May 2, 2023, which denied defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

This action arises out of a revenue-based factoring agreement between nonparty Fig Capital, LLC, for which plaintiff was a servicer, and defendant Point Blank Construction, Inc. Under the agreement, which defendant Kip Walker signed as a guarantor, Fig Capital purchased $96,520 of...

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