Merch. Cash & Capital, LLC v. Blueshyft, Inc.
| Decision Date | 21 August 2019 |
| Docket Number | 2019-08928,Index No. 608968/16,2017-10074 |
| Parties | MERCHANT CASH & CAPITAL, LLC, etc., plaintiff, v. BLUESHYFT, INC., etc., et al., defendants; Mark Yosef, nonparty-Appellant. |
| Court | New York Supreme Court — Appellate Division |
175 A.D.3d 603
104 N.Y.S.3d 907 (Mem)
MERCHANT CASH & CAPITAL, LLC, etc., plaintiff,
v.
BLUESHYFT, INC., etc., et al., defendants; Mark Yosef, nonparty-Appellant.
2017-10074
2019-08928
Index No. 608968/16
Supreme Court, Appellate Division, Second Department, New York.
Argued—November 13, 2018
August 21, 2019
Mark Yosef, Brooklyn, NY, nonparty-appellant pro se.
Amos Weinberg, Great Neck, NY, for defendants.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, ROBERT J. MILLER, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for breach of contract, nonparty Mark Yosef appeals from an order of the Supreme Court, Nassau County (Thomas Feinman, J.), entered August 9, 2017. The order, insofar as appealed from, directed nonparty Mark Yosef to pay a sanction in the amount of $1,500 to the Lawyers' Fund for Client Protection. The appeal brings up for review so much of an order of the same court entered October 11, 2017, as, in effect, upon renewal and reargument, adhered to the original determination in the order entered August 9, 2017, imposing a sanction (see CPLR 5517[b] ).
ORDERED that the appeal from so much of the order entered August 9, 2017, as directed nonparty Mark Yosef to pay a sanction in the amount of $1,500 to the Lawyers' Fund for Client Protection is dismissed, without costs or disbursements, as that portion of the order was superseded by the order entered October 11, 2017, made upon renewal and reargument; and it is further,
ORDERED that the order entered October 11, 2017, is reversed insofar as reviewed, on the law, without costs or disbursements, upon renewal and reargument, so much of the order entered August 9, 2017, as directed nonparty Mark Yosef to pay a sanction in the amount of $1,500 to the Lawyers' Fund for Client Protection is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.
In this action, inter alia, to recover damages for breach of contract, the Supreme Court issued an order entered August 9, 2017,...
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