Simon v. Capital Merchant Services, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BASIL SIMON, in his capacity as receiver for FutureNet Group, Inc., Plaintiff, 19 Civ. 904 (KPF) -v.- OPINION AND ORDER CAPITAL MERCHANT SERVICES, LLC, Defendant. KATHERINE POLK FAILLA, District Judge: In February 2018, Defendant Capital Merchant Services, LLC (“Defendant” or “CMS”) obtained a judgment against FutureNet Group, Inc. (“FutureNet”) in New York State Supreme Court. CMS sought to collect on that judgment by obtaining funds that FutureNet had in its bank account with Comerica Bank. To that end, CMS caused the sheriff of…