FUSION FUNDING PLAINTIFF RESPONDENT v. LOFTTI INC DOING BUSINESS AS LOFTTI CAFE DEFENDANT AND PAUL KIM DEFENDANT APPELLANT APPEAL NO (2023)

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

FUSION FUNDING, PLAINTIFF-RESPONDENT, v. LOFTTI INC., DOING BUSINESS AS LOFTTI CAFE, DEFENDANT, AND PAUL KIM, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

133 Decided: May 05, 2023

PRESENT: SMITH, J.P., PERADOTTO, CURRAN, MONTOUR, AND OGDEN, JJ.

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.

MEMORANDUM AND ORDER

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 without costs.

Same memorandum as in Fusion Funding v Loftti Inc. ([appeal No. 1] – AD3d – [May 5, 2023] [4th Dept 2023]).

Entered: May 5, 2023

Ann Dillon Flynn

Clerk of the Court

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