BNY Financial Corp. v. Fitwel Dress Co.

The plaintiff, BNY Financial Corporation (“BNY"), brought this action by verified complaint against the defendants, Fitwel Dress Co., Inc. (“Fitwel”) and Alan H. Gluck (“Gluck”), seeking to enforce the terms and conditions of: (1) a Factoring Agreement entered into by BNY and Fitwel; (2) a Guaranty Agreement entered into by Gluck to secure Fitwel’s obligations under the Factoring Agreement; and (3) certain security instruments entered into by Fitwel on accounts receivable, inventory and trademark collateral for the purposes of the Factoring Agreement. In addition, BNY requested that the court…