Legal Opinion
Merchant Funding Services, LLC v. Volunteer Pharmacy Inc.
New York Supreme Court
Decided December 30, 2016PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
David F. Everett, J.
A judgment based on a loan agreement that is usurious on its face does not require a plenary action to vacate that judgment. The fact that the loan agreement is denominated by another name does not shield it from a judicial determination that such agreement contemplates a criminally usurious transaction.
Defendants Volunteer Pharmacy Inc., doing business as Volunteer Pharmacy (VP), Toby C. Frost (T. Frost) and Camilla Frost (C. Frost) move for an order, pursuant to CPLR 5015, vacating the confession of judgment, voiding the written merchant agreement,…
2Cases cited5 opinions
- Freitas v. Geddes Savings & Loan Ass'nNew York Court of Appeals · 1984
- Donatelli v. SiskindAppellate Division of the Supreme Court of the State of New York · 1991
- In Re Venture Mortgage Fund, L.P.United States Bankruptcy Court, S.D. New York · 2000
- Regency Club At Wallkill, LLC v. BienishAppellate Division of the Supreme Court of the State of New York · 2012
- Transmedia Restaurant Co. v. 33 E. 61st Street Restaurant Corp.New York Supreme Court · 2000
3Cited by3 opinions
- K9 Bytes, Inc. v. Arch Capital Funding, LLCNew York Supreme Court · 2017
- Rapid Capital Finance, LLC v. Natures Market Corp.New York Supreme Court · 2017
- GMI Group, Inc. v. UNIQUE FUNDING SOLUTIONS, LLCUnited States Bankruptcy Court, N.D. Georgia · 2019