Legal Opinion
K9 Bytes, Inc. v. Arch Capital Funding, LLC
New York Supreme Court
Decided May 4, 2017PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Linda S. Jamieson, J.
There are two motions to dismiss before the court, one filed by each defendant. Although the defendants are similarly situated, in that each is a company that provides working capital to businesses, using contracts that expressly state that they are “merchant agreements” and not loans, the forms that each company uses are different in one main respect, as will be discussed below.
Background
A brief summary of the relevant facts is necessary. Certain of the plaintiffs entered into three different agreements with Arch Capital Funding, LLC during 2015 and…
2Cases cited13 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
- Giventer v. ArnowNew York Court of Appeals · 1975
- Rubenstein v. SmallAppellate Division of the Supreme Court of the State of New York · 1947
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- LG Funding, LLC v. United Senior Props. of Olathe, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- RamiroAviles v. S&P Global, Inc.District Court, S.D. Illinois · 2019
- Rapid Capital Finance, LLC v. Natures Market Corp.New York Supreme Court · 2017
- Merchant Advance, LLC v. Conceptos Cuisine, LLC Y OtrosSupreme Court of Puerto Rico · 2026
- Bridge Funding Cap LLC v. SimonExpress Pizza, LLCAppellate Division of the Supreme Court of the State of New York · 2025
14 more not listed; retrieve them via the Exa API.