MERCHANT CAPITAL v. RESURGENCE CAL., LLC

71 CA 23-00209.

2024 NY Slip Op 00508

MERCHANT CAPITAL, Plaintiff-Respondent, v. RESURGENCE CALIFORNIA, LLC, DOING BUSINESS AS RESURGENCE CALIFORNIA, RESURGENCE CA, LLC, RESURGENCE BEHAVIORAL HEALTH, LLC, ADVANCED RECOVERY SOLUTIONS, LLC, PACIFIC MANOR RECOVERY, LLC, RESURGENCE TX, LLC, NEW START TREATMENT & RECOVERY CENTER, AND STEPHEN J. FENNELLY, Defendants-Appellants.

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

Decided February 2, 2024.


Attorney(s) appearing for the Case

COLONNA COHEN LAW, PLLC, BROOKLYN ( ASHLEE COLONNA COHEN OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BERKOVITCH & BOUSKILA, PLLC, POMONA ( ARIEL BOUSKILA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: WHALEN, P.J., BANNISTER, GREENWOOD, AND KEANE, JJ.


Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, J.), entered October 18, 2022. The order, among other things, granted plaintiff's motion for summary judgment and denied defendants' cross-motion to amend their answer.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 19, 2023,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon...

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