CLEARFUND SOLUTIONS LLC v. TOMASSETTI

1064 CA 23-00105.

2024 NY Slip Op 00729

CLEARFUND SOLUTIONS LLC, Plaintiff-Respondent, v. ANTON TOMASSETTI, DOING BUSINESS AS TONY'S TREE SERVICE AND ANTON TOMASSETTI, Defendants-Appellants.

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

Decided February 9, 2024.


Attorney(s) appearing for the Case

AMOS WEINBERG , GREAT NECK, FOR DEFENDANTS-APPELLANTS.

WELLS LAW P.C., LANCASTER ( STEVEN W. WELLS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SMITH, J.P., CURRAN, BANNISTER, GREENWOOD, AND NOWAK, JJ.


Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered March 9, 2022. The order denied the motion of defendants to, inter alia, vacate a default judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action for breach of contract and unjust enrichment seeking to recover under a merchant cash advance agreement (agreement) between...

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