Preview
FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024
PETITION TO CONFIRM ARBITRATION AWARD
EXHIBIT “F”
FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024
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Gene W. Rosen, Esq. – Reported Decisions
NOTE: Decisions in bold print are published in the printed New York official reports.
Septimo v. Vivid Mtges. Inc., 2023 NY Slip Op 33413(U) (N.Y. Sup. Ct., Kings County, August
31, 2023) (granting motion to dismiss complaint alleging mortgage broker acted in concert with
others to defraud purchaser into purchasing a home with various defects)
Tate v. Navient Sols., LLC (In re Navient Sols., LLC), 2023 U.S. App. LEXIS 12067, 2023WL
3487051 (2nd Cir., May 17, 2023) (affirming dismissal of involuntary bankruptcy petition filed
against private student loan lender that continued collecting from borrowers after their
bankruptcy discharge)
Sunblock Sys., Inc. v. Marcum, LLP, 2023 NY Slip Op 31343(U) (N.Y. Sup. Ct., New York
County, April 21, 2023) (vacating dismissal of action where attorney did not appear for pretrial
conference since he did not receive notification of court date)
WSD Engg. Inc. v. Alva Advance LLC, 2023 NY Slip Op 31192(U) (N.Y. Sup. Ct., Nassau
County, April 4, 2023) (dismissing petition to stay arbitration where it was alleged arbitration
tribunal was a sham and biased in favor of respondent)
Inv. Generation Inc. v. Proventure Capital Funding LLC, 2023 U.S. Dist. LEXIS 49862 (S.D.
N.Y., March 23, 2023) (granting motion to stay action and compel arbitration of claims against
merchant cash advance company and its owner for RICO, RICO conspiracy, declaratory relief,
fraud, and breach of contract)
Proventure Capital Funding LLC v. Mattern, 2022 NY Slip Op 34380(U) (N.Y. Sup. Ct., Nassau
County, December 20, 2022) (granting preliminary injunction restraining defendant’s accounts
based on contractual provision providing for said relief)
Barrier Assocs. Inc v. Eagle Eye Advance LLC, 2022 NY Slip Op 51313(U) (N.Y. Sup. Ct.,
Orange County, December 8, 2022) (denying motion for preliminary injunction staying
enforcement of judgments by confession entered pursuant to breach of merchant cash advance
agreements, denying motion to sanction defendants’ attorney for threatening to file action against
opposing counsel for Judiciary Law 487 if certain causes of action would not be withdrawn, and
granting motion to compel arbitration of parties’ dispute and to sanction plaintiffs’ counsel for
frivolous conduct)
Alva Advance LLC v. Mandour Constr. Inc., 2022 NY Slip Op 34381(U) (N.Y. Sup. Ct., Nassau
County, November 25, 2022) (granting petition to confirm arbitration award and preliminary
injunction to restrain respondents’ bank accounts pending resolution of the proceeding to
confirm the award)
Bellevue Towers & Gardens, LLC v. Atlantis Natl. Servs., Inc., 208 A.D. 3d 1300, 175
N.Y.S. 3d 551, 2022 NY Slip Op 05307 (N.Y. App. Div., 2nd Dept., September 28, 2022)
(modifying order denying motion to dismiss negligence, malpractice, and punitive damages
claims against title company for alleged breach of voluntarily assumed duties of care owed
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with regard to the handling of certain real estate transactions to dismiss malpractice and
punitive damages claims)
Crystal Springs Capital, Inc. v. Big Thicket Coin, LLC, 2022 NY Slip Op 69784(U) (N.Y. App.
Div., 2nd Dept., August 10, 2022) (granting motion to extend time to serve and file respondent’s
brief and leave to file supplemental record)
AJ Equity Group LLC v. US Transp. LLC, 2021 NY Slip Op 31971(U) (N.Y. Sup Ct., Nassau
County, June 30, 2021) (granting preliminary injunction restraining defendants’ accounts based
on contractual provision providing for said relief)
Seinfeld Capital, Inc. v. John B. Rudy Co., Inc., 2021 NY Slip Op 31951(U) (N.Y. Sup. Ct.,
Nassau County, June 9, 2021) (granting motions for preliminary injunction restraining
defendants’ accounts and for default judgment on claim for breach of merchant cash advance
agreement and directing turnover of defendants’ restrained funds upon entry of judgment)
Spartan Bus. Solutions, LLC v. Valente Law Group, P.C., 2021 NY Slip Op 30960(U) (N.Y. Sup.
Ct., Nassau County, March 23, 2021) (granting preliminary injunction restraining defendants’
accounts based on contractual provision providing for said relief)
Spartan Bus. Solutions, LLC v. F&M Constr. & Dev. Corp., 2021 NY Slip Op 30927(U) (N.Y.
Sup. Ct., Nassau County, March 22, 2021) (granting preliminary injunction restraining
defendants’ accounts based on contractual provision providing for said relief)
MCA Master Fund (MMF) v. Universal Scrap Motors Inc., 2021 NY Slip Op 30097(U) (N.Y.
Sup. Ct., Nassau County, January 14, 2021) (granting motion for summary judgment on claim
for breach of merchant cash advance agreement)
Flash Funding Servs., Inc. v. Fan Food Corp., 2020 NY Slip Op 34022(U) (N.Y. Sup. Ct.,
Nassau County, December 2, 2020) (granting motion for leave to file supplemental summons
and amended complaint and for preliminary injunction restraining assets of successor business
and denying cross-motion to vacate preliminary injunction where restaurant that breached
contract for sale of future receivables transferred the business to a new entity after a preliminary
injunction was granted restraining the original entity’s assets)
AJ Equity Group LLC v. Piloch Distrib., Inc., 2020 NY Slip Op 32700(U) (N.Y. Sup. Ct.,
Nassau County, August 19, 2020) (granting motion for preliminary injunction restraining
defendants’ bank accounts where they misrepresented their financial condition in order to obtain
a merchant cash advance and defaulted shortly after receiving funding under the agreement)
784 Cafe Inc. v. Lang Chin (In re Lang Chin), 617 B.R. 761 (Bankr. E.D. N.Y., July 7, 2020)
(granting summary judgment denying bankruptcy discharge for debtor’s false testimony during
341 hearing that he was not suspended from the practice of law because it was irrelevant to his
business transactions or dealings or to the disposition or discovery of assets and barring by
collateral estoppel an exception to discharge for fraudulently inducing creditor by failing to
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disclose he was not registered as an attorney and did not satisfy mandatory continuing legal
education requirements)
LG Funding, LLC v. United Senior Props. Of Olathe, LLC, 181 A.D. 3d 664, 122 N.Y.S. 3d
309, 2020 NY Slip Op 01607 (N.Y. App. Div., 2nd Dept., March 11, 2020), rearg dismissed
2020 NY Slip Op 70384(U) (N.Y. App. Div., 2nd Dept., August 24, 2020) (modifying order
denying branch of motion to dismiss counterclaim for usury raised against claim for
breach of merchant cash advance agreement to dismiss counterclaim)
Epic Advance, Inc. v. 15 Div. St. Rest. Corp., 2020 NY Slip Op 30413(U) (N.Y. Sup. Ct.,
Westchester County, February 7, 2020) (denying motion to vacate confession of judgment for
breach of merchant cash advance agreement where it was alleged that the underlying transaction
was a usurious loan disguised as a sale of receivables)
LG Funding LLC v. Beech Creek Rest. LLC, 2020 N.Y. Misc. LEXIS 14370 (N.Y. Sup. Ct.,
Nassau County, January 6, 2020) (granting petition to confirm arbitration award)
LG Funding LLC v. J&N Ins. Agency LLC, 2019 N.Y. Misc. LEXIS 19302 (N.Y. Sup. Ct.,
Nassau County, December 10, 2019) (granting petition to confirm arbitration award)
LG Funding LLC v. 3P Foods LLC, 2019 N.Y. Misc. LEXIS 15763 (N.Y. Sup. Ct., Nassau
County, December 3, 2019) (granting default judgment on claim for breach of merchant cash
advance agreement)
LG Funding LLC v. Arkash Imps. LLC, 2019 N.Y. Misc. LEXIS 12280 (N.Y. Sup. Ct., Nassau
County, November 27, 2019) (granting default judgment on claim for breach of merchant cash
advance agreement)
LG Funding LLC v. Arnold, 2019 N.Y. Misc. LEXIS 17383 (N.Y. Sup. Ct., Nassau County,
November 27, 2019) (granting default judgment on claim for breach of merchant cash advance
agreement)
LG Funding LLC v. Platinum Travel LLC, 2019 N.Y. Misc. LEXIS 18420 (N.Y. Sup. Ct.,
Nassau County, November 27, 2019) (granting default judgment on claim for breach of merchant
cash advance agreement)
LG Funding LLC v. Hunt Communications LLC, 2019 NY Slip Op 32331(U) (N.Y. Sup. Ct.,
Nassau County, August 1, 2019) (granting summary judgment on claim for breach of merchant
cash advance agreement)
Corvera v. Prime Source Dev., 172 A.D. 3d 1161, 101 N.Y.S. 3d 395, 2019 NY Slip Op
03949 (N.Y. App. Div., 2nd Dept., May 22, 2019) (affirming order denying motion for
default judgment, granting cross-motion to compel acceptance of late answer, and denying
cross-motion for summary judgment where there was a reasonable excuse for the delay in
answering and a potentially meritorious defense was raised to the fraudulent conveyance
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claims in that the challenged conveyances were part of a broader transaction supported by
fair consideration)
LG Funding, LLC v. Johnson & Son Locksmith, Inc., 170 A.D. 3d 1153, 96 N.Y.S. 3d 640,
2019 NY Slip Op 02330 (N.Y. App. Div., 2nd Dept., March 27, 2019) (reversing order
refusing to award attorney’s fees even though summary judgment was granted in favor of
movant and parties’ agreement contained attorney fees provision)
LG Funding LLC v. Nazy, 2019 NY Slip Op 30396(U) (N.Y. Sup. Ct., Nassau County, February
14, 2019) (granting default judgment on claim for breach of guaranty of merchant cash advance
agreement)
J.O.Y. for Our Youth v. Hackensack Auto Wreckers, 2019 N.J. Super. Unpub. LEXIS 6164 (N.J.
Law Div., January 25, 2019) (granting motion to restore case to active status and enter default
judgment)
Nerayoff v. Khorshad, 168 A.D. 3d 866, 89 N.Y.S. 3d 909, 2019 NY Slip Op 00290 (N.Y.
App. Div., 2nd Dept., January 16, 2019) (reversing order granting motion for summary
judgment in lieu of complaint that was supported only by an affirmation of an attorney
without personal knowledge of the facts of the case)
LG Funding LLC v. City N. Grill Corp., 2018 NY Slip Op 33290(U) (N.Y. Sup. Ct., Nassau
County, December 14, 2018) (granting summary judgment on claim for breach of merchant cash
advance agreement)
LG Funding, LLC v. Filton LLC, 2018 NY Slip Op 33289(U) (N.Y. Sup. Ct., Nassau County,
December 14, 2018) (granting summary judgment on motion for summary judgment on claim for
breach of merchant cash advance agreement and dismissing affirmative defenses that the
agreement was a loan with a usurious rate of interest and that the signatures on the agreement
were forgeries)
LG Funding LLC v. Garber, 2018 NY Slip Op 33135(U) (N.Y. Sup. Ct., Nassau County,
December 4, 2018) (granting reargument of motion to dismiss usury affirmative defense and
counterclaim and for summary judgment on claim for breach of merchant cash advance
agreement and granting the original motion upon reargument)
Official Committee of Unsecured Creditors v. LG Funding, LLC (In re Cornerstone Tower
Servs.), 2018 Bankr. LEXIS 3562 (Bankr. D. Neb., November 9, 2018) (denying motion for
summary judgment by creditors’ committee for recovery of payments received by merchant cash
advance company alleged to be preferential transfers and ruling that the transaction was a true
sale of receivables as opposed to a financing agreement)
LG Funding LLC v. Garber, 2018 NY Slip Op 32067(U) (N.Y. Sup. Ct., Nassau County, August
20, 2018) (denying motion to change venue where parties’ contract provided for venue in any
court in State of New York and distinguishing cases holding otherwise)
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Russell v. Pisana, 164 A.D. 3d 704, 83 N.Y.S. 3d 124, 2018 NY Slip Op 05789 (N.Y. App.
Div., 2nd Dept., August 15, 2018) (reversing motion for summary judgment on liability for
breach of land sale contract where seller sued buyer for breach after allegations arose that
the property was being used illegally as a marijuana grow farm and buyer stopped making
payments due under land sale contract because seller demanded additional money for
alleged damage to the property caused by the marijuana grow farm)
Gecker v. LG Funding, LLC (In re Hill), 589 B.R. 614, 66 Bankr. Ct. Dec. 65 (Bankr. N.D. Ill.,
August 15, 2018) (granting judgment after trial in favor of merchant cash advance company on
all counts brought by bankruptcy trustee in adversary proceeding for recovery of payments
received by merchant cash advance company alleged to be preferential and fraudulent transfers)
Trump Vil. Apt. 1 Owner, LLC v. Lieber, 2018 NY Slip Op 81667(U) (N.Y. App. Term, 2nd
Dept., August 13, 2018) (denying motion for stay of eviction pending determination of appeal
from decision after trial where tenant claimed his attorney lied to the Civil Court judge about
telling him to attend the trial)
305 MK Secure Holdings, LLC v. Chen, 59 Misc. 3d 144(A), 2018 NY Slip Op 50719(U) (N.Y.
App. Term, 1st Dept., May 23, 2018) (affirming denial of motion to vacate default judgment for
lack of jurisdiction where landlord was not provided with “written notification” of tenant’s
alternate residence address and tenant failed to support his claim of being out of the country
during the time in question, gave an insufficient excuse for delay in moving to vacate the default,
and did not demonstrate a meritorious defense to the proceeding)
LG Funding, LLC v. City N. Grill Corp., 2018 NY Slip Op 30372(U) (N.Y. Sup. Ct., Nassau
County, February 26, 2018) (granting motion to dismiss affirmative defense and counterclaims
for usury against claim for breach of merchant cash advance agreement)
LG Funding, LLC v. Balsamo, 2017 NY Slip Op 32686(U) (N.Y. Sup. Ct., Nassau County,
December 21, 2017) (granting motion to dismiss counterclaim for fraud and for summary
judgment against guarantor of merchant cash advance where the contract evidenced clear intent
by the parties to enter into a transaction for the purchase of receivables and not a loan and
guarantors’ reliance on alleged statements that the guarantee document they signed would not
bind them personally was not reliable)
LG Funding, LLC v. Grace Plastics, Inc., 2017 NY Slip Op 32750(U) (Sup. Ct., Nassau County,
December 17, 2017) (granting motion to dismiss counterclaims for usury and for summary
judgment on claim for breach of merchant cash advance agreement)
LG Funding, LLC v. Snowstar, Inc., 2017 NY Slip Op 32741(U) (Sup. Ct., Nassau County,
December 7, 2017) (granting motion to dismiss counterclaims for usury and for summary
judgment on claim for breach of merchant cash advance agreement)
LG Funding, LLC v. Christenbury Eye Ctr., P.A., 2017 NY Slip Op 32609(U) (N.Y. Sup. Ct.,
Nassau County, December 7, 2017) (denying motion to dismiss claim for merchant cash advance
on the basis of usury)
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Burton v. Burton, 2017 NY Slip Op 93498(U) (N.Y. App. Div., 2nd Dept., November 28, 2017)
(holding in abeyance motion to dismiss appeal for lack of standing where appeal was filed while
appellant was in bankruptcy and subject claim was not yet disposed of in bankruptcy proceeding)
LG Funding, LLC v. Advanced Pharma CR, LLC, 58 Misc. 3d 231, 66 N.Y.S. 3d 103, 2017
NY Slip Op 27384 (N.Y. Sup. Ct., Nassau County, November 27, 2017) (granting motion to
change venue where parties’ contract provided for venue in any court in State of New York
but did not list specific venues)
LG Funding, LLC v. Island Flavor, LLC, 2017 NYLJ LEXIS 3426 (N.Y. Sup. Ct., Nassau
County, November 21, 2017) (granting motion to dismiss affirmative defenses and counterclaims
for usury and summary judgment on merchant cash advance claims)
LG Funding, LLC v. Branson Getaways, Inc., 2017 NY Slip Op 32387(U) (N.Y. Sup. Ct.,
Nassau County, November 13, 2017) (denying order to show cause to vacate order granting
default judgment and summary judgment on merchant cash advance claims where the signer of
the document claimed that his signatures on several pages of the agreement were forgeries but it
was evident that the signed possessed and had an opportunity to review all pages of the
agreement and accepted its benefits)
LG Funding, LLC v. Four Paws Orlando, LLC, 2017 NY Slip Op 32391(U) (N.Y. Sup. Ct.,
Nassau County, November 9, 2017) (denying motion to change venue where parties’ contract
provided for venue in any court in State of New York)
Russell v. Pisana, 2017 NY Slip Op 79593(U) (N.Y. App. Div., 2nd Dept., July 11, 2017)
(granting application for enlargement of time to perfect appeal)
New York Merchants Protective Co., Inc. v. Antique Rugs Studio, Inc., 55 Misc. 3d 146(A), 58
N.Y.S. 3d 874, 2017 NY Slip Op 50681(U) (N.Y. App. Term, 2nd Dept., May 18, 2017)
(reversing branch of District Court judgment denying award of attorney’s fees for prosecution of
proceeding to confirm arbitration award and prior appeal)
JSBarkats PLLC v. Response Scientific Inc., 149 A.D. 3d 652, 50 N.Y.S. 3d 873, 2017 NY
Slip Op 03142 (N.Y. App. Div., 1st Dept., April 25, 2017) (affirming denial of motion to
compel arbitration where movants participated in lawsuit in federal and state court for 11
months before seeking arbitration)
D&W Cent. Sta. Fire Alarm Co., Inc. v. 112 Fulton Group, Inc., 55 Misc. 3d 132(A), 55 N.Y.S.
3d 691, 2017 NY Slip Op 50425(U) (N.Y. App. Term 2nd Dept., April 10, 2017) (reversing
Civil Court judgment denying award of attorney’s fees for prosecution of proceeding to confirm
arbitration award)
Longo v. Key Appraisals, Inc., 55 Misc. 3d 128(A), 55 N.Y.S. 3d 692, 2017 NY Slip Op
50366(U) (N.Y. App. Term 2nd Dept., March 30, 2017) (reversing Civil Court order denying
award of attorney’s fees for prosecution of proceeding to confirm arbitration award)
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New York Merchants Protective Co., Inc. v. Apollon Waterproofing & Restoration Corp., 55
Misc. 3d 128(A), 55 N.Y.S. 3d 693, 2017 NY Slip Op 50368(U) (N.Y. App. Term 2nd Dept.,
March 30, 2017) (reversing branch of District Court judgment denying award of attorney’s fees
for prosecution of proceeding to confirm arbitration award and prior appeal)
JSBarkats PLLC v. Response Scientific Inc., 2017 NY Slip Op 65004(U) (N.Y. App. Div., 1st
Dept., February 23, 2017) (denying motion to compel appellants to supplement record on appeal
or alternatively granting respondent leave to supplement the record)
Russell v. Pisana, 2017 NY Slip Op 64105(U) (N.Y. App. Div., 2nd Dept., February 10, 2017)
(denying motion for stay of lower court action pending appeal)
Matter of La Boom Inc. v. D & W. Cent. Sta. Fire Alarm Co., Inc., 2016 NY Slip Op 32573(U)
(N.Y. Sup. Ct., New York County, December 19, 2016) (granting motion to dismiss proceeding
to stay arbitration where the petitioner’s claim that the document it signed was not an agreement
to arbitrate was refuted by the document itself)
A & L Vil. Mkt., Inc. v. 344 Vil., Inc., 140 A.D. 3d 804, 33 N.Y.S. 3d 402, 2016 NY Slip Op
04367 (N.Y. App. Div., 2nd Dept., June 8, 2016) (affirming Supreme Court denial of motion
to vacate arbitration award where arbitrator failed to disclose but plaintiff discovered after
hearing that arbitrator presided over prior arbitration in which defendant was a party and
did not object prior to rendering of award)
Matter of 44 Lexington Assoc. (Supreme Sec. Sys., Ltd.), 139 A.D. 3d 517, 32 N.Y.S. 3d 100,
2016 NY Slip Op 03834 (N.Y. App. Div., 1st Dept., May 17, 2016) (reversing Supreme
Court dismissal of petition to stay arbitration on the grounds that hearing was required to
determine validity of arbitration agreement claimed to be product of fraud even though
parties made valid prior arbitration agreement and petitioner’s failure to serve mandatory
e-filing notice did not warrant dismissal because papers were served in accordance with
terms and conditions of order to show cause)
Marino v. Salzman, 51 Misc. 3d 131(A), 36 N.Y.S. 3d 48, 2016 NY Slip Op 50410(U) (N.Y.
App. Term, 2nd Dept., March 23, 2016) (reversing District Court denial of branch of motion to
compel arbitration and stay action pending arbitration)
Summit Apparel, Inc. v. Promo Nation, Inc., 50 Misc. 3d 94, 25 N.Y.S. 3d 773, 2015 NY Slip
Op 25397 (N.Y. App. Term, 2nd Dept., November 30, 2015) (reversing Civil Court denial of
motion to dismiss counterclaim and for summary judgment where seller delivered goods to
buyer and buyer did not object to the alleged untimeliness of delivery until nearly 3 years
later and counterclaimed for $750,000 in lost profit due to the delivery’s untimeliness)
Slomin’s, Inc. v. Mehta, 47 Misc. 3d 148(A), 17 N.Y.S. 3d 385, 2015 NY Slip Op 50767(U)
(N.Y. App. Term, 2nd Dept., May 6, 2015) (reversing Civil Court vacatur of default judgment
where defendant made bald assertion of not being served and failed to demonstrate not receiving
notice of summons in time to defend action)
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Schiffer v. Slomin’s, Inc., 48 Misc. 3d 15, 11 N.Y.S. 3d 799, 2015 NY Slip Op 25101 (N.Y.
App. Term, 2nd Dept., March 30, 2015) (modifying District Court denial of motion to
compel arbitration and stay action pending arbitration to grant relief requested as against
party demonstrated to have agreed to arbitrate where sufficient nexus with interstate
commerce established to demonstrate parties’ arbitration agreement subject to federal law
preempting state law invalidating mandatory arbitration provisions in consumer contracts)
Intriago v. Slomin’s Shield, 47 Misc. 3d 135(A), 9 N.Y.S. 3d 593, 2015 NY Slip Op 50492(U)
(N.Y. App. Term, 2nd Dept., March 30, 2015) (reversing District Court order denying motion to
compel arbitration and stay action pending arbitration)
Slomin’s, Inc. v. Serpico, 47 Misc. 3d 134(A), 9 N.Y.S. 3d 595, 2015 NY Slip Op 50478(U),
(N.Y. App. Term, 2nd Dept., March 26, 2015) (reversing Civil Court vacatur of default judgment
where defendant failed to demonstrate reasonable excuse for default and meritorious defense to
action for breach of contract for home alarm system)
New York Merchants Protective Co., Inc. v. Korin, 46 Misc. 3d 147(A), 2015 NY Slip Op
50228(U) (N.Y. App. Term, 2nd Dept., February 24, 2015) (reversing Civil Court order vacating
default judgment where respondent failed to provide reasonable excuse for default and
meritorious defense to proceeding to confirm arbitration award)
Mt. Sinai Ageless 360, Inc. v. Roxanne Gail Carfora D.O., P.C., 2015 NY Slip Op 62677(U)
(N.Y. App. Term, 2nd Dept., January 15, 2015) (granting motion to stay District Court action
pending appeal)
New York Merchants Protective Co., Inc. v. Antique Rugs Studio, Inc., 45 Misc. 3d 129(A), 3
N.Y.S. 3d 285, 2014 NY Slip Op 51526(U) (N.Y. App. Term, 2nd Dept., October 23, 2014)
(reversing District Court dismissal of petition to confirm arbitration award for lack of personal
jurisdiction where petition was served by regular mail in accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Antique Rugs Studio, Inc., 2014 NY Slip Op
87428(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (granting motion to reargue appeal,
resulting in recall and vacatur of opinion affirming District Court dismissal of petition to confirm
arbitration award for lack of personal jurisdiction where petition was served by regular mail in
accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Apollon Waterproofing & Restoration Corp., 45
Misc. 3d 129(A), 2014 NY Slip Op 51525(U) (N.Y. App. Term, 2nd Dept., October 23, 2014)
(reversing District Court dismissal of petition to confirm arbitration award for lack of personal
jurisdiction where petition was served by regular mail in accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Apollon Waterproofing & Restoration Corp., 2014
NY Slip Op 87427(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (granting motion to
reargue appeal, resulting in recall and vacatur of opinion affirming District Court dismissal of
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petition to confirm arbitration award for lack of personal jurisdiction where petition was served
by regular mail in accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Oristy Food Ctr., Inc., 45 Misc. 3d 129(A), 2014
NY Slip Op 51524(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (reversing Civil Court
dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition
was served by regular mail in accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Oristy Food Ctr., Inc., 2014 NY Slip Op 87426(U)
(N.Y. App. Term, 2nd Dept., October 23, 2014) (granting motion to reargue appeal, resulting in
recall and vacatur of opinion affirming Civil Court dismissal of petition to confirm arbitration
award for lack of personal jurisdiction where petition was served by regular mail in accordance
with arbitration rules)
New York Merchants Protective Co., Inc. v. Ricca, 45 Misc. 3d 129(A), 2014 NY Slip Op
51523(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (reversing District Court dismissal of
petition to confirm arbitration award for lack of personal jurisdiction where petition was served
by regular mail in accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Ricca, 2014 NY Slip Op 87425(U) (N.Y. App.
Term, 2nd Dept., October 23, 2014) (granting motion to reargue appeal, resulting in recall and
vacatur of opinion affirming District Court dismissal of petition to confirm arbitration award for
lack of personal jurisdiction where petition was served by regular mail in accordance with
arbitration rules)
New York Merchants Protective Co., Inc. v. Rockaway Bagels, Inc., 45 Misc. 3d 128(A), 2014
NY Slip Op 51522(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (reversing Civil Court
dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition
was served by regular mail in accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Rockaway Bagels, Inc., 2014 NY Slip Op 87424(U)
(N.Y. App. Term, 2nd Dept., October 23, 2014) (granting motion to reargue appeal, resulting in
recall and vacatur of opinion affirming Civil Court dismissal of petition to confirm arbitration
award for lack of personal jurisdiction where petition was served by regular mail in accordance
with arbitration rules)
Slomin’s, Inc. v. Christiani, 43 Misc. 3d 132(A), 988 N.Y.S. 2d 525, 2014 NY Slip Op 50621(U)
(N.Y. App. Term, 2nd Dept., March 31, 2014) (reversing Civil Court order vacating judgment
and remitting motion to Civil Court judge who decided original motion for summary judgment)
Slomin’s, Inc. v. Mehta, 2014 NY Slip Op 65891(U) (N.Y. App. Term, 2nd Dept., February 25,
2014) (granting motion to stay Civil Court action pending appeal and enlarge time to perfect
appeal)
Matter of New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 114 A.D. 3d
796, 979 N.Y.S. 2d 847, 2014 NY Slip Op 1008 (N.Y. App. Div., 2nd Dept., February 13,
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2014) (reversing Appellate Term opinion affirming Civil Court dismissal of petition to
confirm arbitration award for lack of personal jurisdiction where petition was served by
regular mail in accordance with arbitration rules)
Slomin’s, Inc. v. Serpico, 2014 NY Slip Op 63647(U) (N.Y. App. Term, 2nd Dept., February 3,
2014) (granting motion for further enlargement of time to perfect appeal)
Andrews Intl., Inc. v. Interstate Materials Corp., 2013 NY Slip Op 33049(U) (N.Y. Sup. Ct.,
New York County, November 13, 2013) (granting plaintiff summary judgment on all claims for
security guard services rendered and account stated)
Slomin’s, Inc. v. Serpico, 2013 NY Slip Op 91841(U) (N.Y. App. Term, 2nd Dept., November 7,
2013) (granting motion for further enlargement of time to perfect appeal)
Slomin’s, Inc. v. Serpico, 2013 NY Slip Op 81417(U) (N.Y. App. Term, 2nd Dept., July 31,
2013) (granting motion to stay Civil Court action pending appeal and enlarge time to perfect
appeal)
Matter of New York Merchants Protective Co., Inc. v. RW Adart Poly LLC, 108 A.D.3d
554, 968 N.Y.S.2d 552, 2013 NY Slip Op 5081 (N.Y. App. Div., 2nd Dept., July 3, 2013)
(modifying Supreme Court judgment to confirm arbitration award in entirety where
award had been vacated in part deducting attorney’s fees awarded by arbitrator for
arbitration proceeding even though arbitration rules permitted award of attorney’s fees)
Schiffer v. Slomin’s, Inc., 40 Misc. 3d 884, 970 N.Y.S. 2d 856, 2013 NY Slip Op 23214 (N.Y.
Dist. Ct., Nassau County, June 26, 2013) (subsequently modified to grant relief requested
as against party demonstrated to have agreed to arbitrate, granting motion to reargue
motion to compel arbitration and stay pending arbitration and adhering to prior order
denying motion finding insufficient nexus with interstate commerce to demonstrate parties’
arbitration agreement subject to federal law preempting state law invalidating mandatory
arbitration provisions in consumer contracts)
Slomin’s, Inc. v. Christiani, 2013 NY Slip Op 74874(U) (N.Y. App. Term, 2nd Dept., May 13,
2013) (granting motion to stay Civil Court action pending appeal)
Nu-Life Restorations of Long Island, Inc. v. Greenpoint Dental Plaza, P.C., 39 Misc. 3d 133(A),
971 N.Y.S. 2d 73, 2013 NY Slip Op 50488(U) (N.Y. App. Term, 2nd Dept., March 29, 2013)
(reversing Civil Court vacatur of default judgment where defendant failed to set forth reasonable
excuse for default and meritorious defense to action to collect balance due for dental products
prepared by dental lab for dental office)
Supreme Sec. Sys., Ltd v. Atlas Switch Co., Inc., 39 Misc. 3d 130(A), 969 N.Y.S. 2d 806, 2013
NY Slip Op 50463(U) (N.Y. App. Term, 2nd Dept., March 21, 2013) (modifying District Court
judgment dismissing all claims to grant new trial on claims for breach of contract and attorney’s
fees)
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Schiffer v. Slomin’s, Inc., 39 Misc. 3d 414, 959 N.Y.S. 2d 422, 2013 NY Slip Op 23046 (N.Y.
Dist. Ct., Nassau County, February 13, 2013) (subsequently overruled, denying motion to
compel arbitration and stay pending arbitration pursuant to state law invalidating
mandatory arbitration provisions in consumer contracts where consumer contract
contained mandatory arbitration provision)
Matter of New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 2012 NY Slip Op
78393(U) (N.Y. App. Div., 2nd Dept., July 11, 2012) (granting motion to Appellate Division for
leave to appeal to Appellate Division from opinion affirming Civil Court dismissal of petition to
confirm arbitration award for lack of personal jurisdiction where petition was served by regular
mail in accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 2012 NY Slip Op 74218(U)
(N.Y. App. Term, 2nd Dept., May 15, 2012) (denying motion to Appellate Term for leave to
appeal to Appellate Division from opinion affirming Civil Court dismissal of petition to confirm
arbitration award for lack of personal jurisdiction where petition was served by regular mail in
accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Northern Autogroup, LLC, 35 Misc. 3d 1, 941
N.Y.S. 2d 829, 2012 NY Slip Op 22024 (N.Y. App. Term, 2nd Dept., January 24, 2012)
(reversing Civil Court judgment confirming arbitration award in part disallowing
conditional award made by arbitrator)
D&W Cent. Sta. Fire Alarm Co., Inc. v. United Props. Corp., 34 Misc. 3d 85, 940 N.Y.S. 2d
779, 2012 NY Slip Op 22012 (N.Y. App. Term, 2nd Dept., January 13, 2012) (reversing
Civil Court order denying motion to restore petition to confirm arbitration award and
grant relief requested therein where original petition was filed within applicable statute of
limitations)
Slomin’s, Inc. v. Niranjan, 34 Misc. 3d 140(A), 943 N.Y.S. 2d 794, 2012 NY Slip Op 50055(U),
(N.Y. App. Term, 2nd Dept., January 13, 2012) (modifying Civil Court denial of motion to
dismiss counterclaim and for summary judgment to grant dismissal of counterclaim)
New York Merchants Protective Co., Inc. v. Backyard Party Tent Rental Inc., 34 Misc. 3d
55, 939 N.Y.S. 2d 220, 2011 NY Slip Op 21455 (N.Y. App. Term, 2nd Dept., December 16,
2011) (reversing District Court order denying petition to confirm arbitration award for
improper service of demand for arbitration where demand was served by regular mail in
accordance with arbitration rules and arbitrator deemed service proper)
D&W Cent. Sta. Fire Alarm Co., Inc. v. Culture Club of NYC, LLC, 31 Misc. 3d 134(A), 927
N.Y.S. 2d 815, 2011 NY Slip Op 50628(U) (N.Y. App. Term, 2nd Dept., April 11, 2011)
(subsequently overruled, affirming Civil Court dismissal of petition to confirm arbitration award
for lack of personal jurisdiction where petition was served by regular mail in accordance with
arbitration rules)
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New York Merchants Protective Co., Inc. v. 1363 Old Northern Restaurant Inc., 31 Misc. 3d
135(A), 927 N.Y.S. 2d 817, 2011 NY Slip Op 50632(U) (N.Y. App. Term, 2nd Dept., April 11,
2011) (subsequently overruled, affirming District Court dismissal of petition to confirm
arbitration award for lack of personal jurisdiction where petition was served by regular mail in
accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Antique Rugs Studio, Inc., 31 Misc. 3d 135(A), 927
N.Y.S. 2d 817, 2011 NY Slip Op 50642(U) (N.Y. App. Term, 2nd Dept., April 11, 2011)
(subsequently recalled and vacated, affirming District Court dismissal of petition to confirm
arbitration award for lack of personal jurisdiction where petition was served by regular mail in
accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Apollon Waterproofing & Restoration Corp., 31
Misc. 3d 135(A), 927 N.Y.S. 2d 817, 2011 NY Slip Op 50638(U) (N.Y. App. Term, 2nd Dept.,
April 11, 2011) (subsequently recalled and vacated, affirming District Court dismissal of petition
to confirm arbitration award where petition was served by regular mail in accordance with
arbitration rules)
New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 31 Misc. 3d 79, 924
N.Y.S. 2d 728, 2011 NY Slip Op 21134 (N.Y. App. Term, 2nd Dept., April 11, 2011)
(subsequently reversed, affirming Civil Court dismissal of petition to confirm arbitration
award for lack of personal jurisdiction where petition was served by regular mail in
accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Oristy Food Center, Inc., 31 Misc. 3d 135(A), 927
N.Y.S. 2d 817, 2011 NY Slip Op 50637(U) (N.Y. App. Term, 2nd Dept., April 11, 2011)
(subsequently recalled and vacated, affirming Civil Court dismissal of petition to confirm
arbitration award for lack of personal jurisdiction where petition was served by regular mail in
accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Ricca, 31 Misc. 3d 134(A), 927 N.Y.S. 2d 817,
2011 NY Slip Op 50631(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently recalled
and vacated, affirming District Court dismissal of petition to confirm arbitration award for lack
of personal jurisdiction where petition was served by regular mail in accordance with arbitration
rules)
New York Merchants Protective Co., Inc. v. Rockaway Bagels, Inc., 31 Misc. 3d 134(A), 927
N.Y.S. 2d 817, 2011 NY Slip Op 50629(U) (N.Y. App. Term, 2nd Dept., April 11, 2011)
(subsequently recalled and vacated, affirming Civil Court dismissal of petition to confirm
arbitration award for lack of personal jurisdiction where petition was served by regular mail in
accordance with arbitration rules)
New York Merchants Protective Co., Inc. v. Rojas, 31 Misc. 3d 134(A), 927 N.Y.S. 2d 817,
2011 NY Slip Op 50630(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently
overruled, affirming District Court dismissal of petition to confirm arbitration award for lack of
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personal jurisdiction where petition was served by regular mail in accordance with arbitration
rules)
Davis Alarms, Inc. v. Chazanoff, 30 Misc. 3d 142(A), 924 N.Y.S. 2d 308, 2011 NY Slip Op
50318(U) (N.Y. App. Term, 2nd Dept., January 28, 2011) (reversing Civil Court judgment
modifying arbitration award to deduct attorney’s fees awarded by arbitrator)
Internet Sec. Sys., Inc. v. Hauer, 30 Misc. 3d 142(A), 924 N.Y.S. 2d 309, 2011 NY Slip Op
50317(U) (N.Y. App. Term, 2nd Dept., January 28, 2011) (reversing Civil Court judgment
modifying arbitration award to deduct attorney’s fees awarded by arbitrator)
Nat. Safeway Alert Sys., Inc. v. Pelham 7-11, LLC, 30 Misc. 3d 142(A), 924 N.Y.S. 2d 310,
2011 NY Slip Op 50319(U) (N.Y. App. Term, 2nd Dept., January 28, 2011) (reversing Civil
Court judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator)
United Burglar Alarm, Inc. v. Teodorovich, 30 Misc. 3d 142(A), 924 N.Y.S. 2d 312, 2011 NY
Slip Op 50316(U) (N.Y. App. Term, 2nd Dept., January 28, 2011) (reversing Civil Court
judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator)
New York Merchants Protective Co., Inc. v. Green Forest Mkt., Inc., 31 Misc. 3d 27, 920
N.Y.S. 2d 568, 2010 NY Slip Op 20506 (N.Y. App. Term, 2nd Dept., December 8, 2010)
(reversing Civil Court judgment modifying arbitration award to deduct attorney’s fees
awarded by arbitrator)
New York Merchants Protective Co., Inc. v. RW Adart Poly, LLC, 2010 NY Slip Op 32880(U)
(N.Y. Sup. Ct., Nassau County, October 13, 2010) (subsequently modified to confirm arbitration
award in its entirety, confirming award in part and vacating in part deducting attorney’s fees
awarded by arbitrator for arbitration proceeding)
Davis Alarms, Inc. v. Landezabad, 28 Misc. 3d 135(A), 958 N.Y.S. 2d 60, 2010 NY Slip Op
51358(U) (N.Y. App. Term, 2nd Dept., July 29, 2010) (reversing Civil Court order vacating
default judgment and remitting motion to Civil Court judge who decided original motion to
vacate)
New York Merchants Protective Co., Inc. v. Costanza, 28 Misc. 3d 130(A), 911 N.Y.S. 2d 694,
2010 NY Slip Op 51253(U) (N.Y. App. Term, 2nd Dept., July 16, 2010) (affirming Civil Court
order denying motion to restore case dismissed with prejudice where plaintiff was not ready for
trial after trial adjourned multiple times when plaintiff was ready)
D&W Cent. Sta. Fire Alarm Co., Inc. v. Ziari, 28 Misc. 3d 128(A), 957 N.Y.S. 2d 635, 2010 NY
Slip Op 51194(U) (N.Y. App. Term, 2nd Dept., July 7, 2010) (reversing Civil Court order
vacating arbitration award where arbitrator certified that copy of award was duly served on
parties in accordance with terms of arbitration agreement)
New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 2010 NY Slip Op 62569(U)
(N.Y. App. Term, 2nd Dept., January 29, 2010) (granting motion to vacate dismissal of appeal
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Gene W. Rosen, Esq. – Reported Decisions
for failure to prosecute where appellant’s counsel could not perfect the appeal because appellate
court did not provide timely notification of docket information and deadline to perfect)
Seretis v. D&W Cent. Sta. Alarm Co., 2010 NY Slip Op 60375(U) (N.Y. App. Term, 1st Dept.,
January 8, 2010) (granting motion to dismiss appeal where appellant failed to perfect appeal
within time permitted)
Davis Alarms, Inc. v. Diamond Cutters, Inc., 25 Misc. 3d 130(A), 901 N.Y.S. 2d 905, 2009 NY
Slip Op 52120(U) (N.Y. App. Term, 2nd Dept., October 13, 2009) (reversing Civil Court
judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator)
Discover Bank v. Geselowitz, 2009 NY Slip Op 31250(U) (N.Y. Sup. Ct., Nassau County, June
1, 2009) (granting motion to vacate default judgment and dismissing case for lack of personal
jurisdiction)
New York Merchants Protective Co., Inc. v. Salloom Import & Export Corp., 18 Misc. 3d
129(A), 856 N.Y.S. 2d 25, 2007 NY Slip Op 52458(U) (N.Y. App. Term, 2nd Dept., December
27, 2007) (reversing Civil Court judgment modifying arbitration award to deduct attorney’s fees
awarded by arbitrator)
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Preview
FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 PETITION TO CONFIRM ARBITRATION AWARD EXHIBIT “F” FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions NOTE: Decisions in bold print are published in the printed New York official reports. Septimo v. Vivid Mtges. Inc., 2023 NY Slip Op 33413(U) (N.Y. Sup. Ct., Kings County, August 31, 2023) (granting motion to dismiss complaint alleging mortgage broker acted in concert with others to defraud purchaser into purchasing a home with various defects) Tate v. Navient Sols., LLC (In re Navient Sols., LLC), 2023 U.S. App. LEXIS 12067, 2023WL 3487051 (2nd Cir., May 17, 2023) (affirming dismissal of involuntary bankruptcy petition filed against private student loan lender that continued collecting from borrowers after their bankruptcy discharge) Sunblock Sys., Inc. v. Marcum, LLP, 2023 NY Slip Op 31343(U) (N.Y. Sup. Ct., New York County, April 21, 2023) (vacating dismissal of action where attorney did not appear for pretrial conference since he did not receive notification of court date) WSD Engg. Inc. v. Alva Advance LLC, 2023 NY Slip Op 31192(U) (N.Y. Sup. Ct., Nassau County, April 4, 2023) (dismissing petition to stay arbitration where it was alleged arbitration tribunal was a sham and biased in favor of respondent) Inv. Generation Inc. v. Proventure Capital Funding LLC, 2023 U.S. Dist. LEXIS 49862 (S.D. N.Y., March 23, 2023) (granting motion to stay action and compel arbitration of claims against merchant cash advance company and its owner for RICO, RICO conspiracy, declaratory relief, fraud, and breach of contract) Proventure Capital Funding LLC v. Mattern, 2022 NY Slip Op 34380(U) (N.Y. Sup. Ct., Nassau County, December 20, 2022) (granting preliminary injunction restraining defendant’s accounts based on contractual provision providing for said relief) Barrier Assocs. Inc v. Eagle Eye Advance LLC, 2022 NY Slip Op 51313(U) (N.Y. Sup. Ct., Orange County, December 8, 2022) (denying motion for preliminary injunction staying enforcement of judgments by confession entered pursuant to breach of merchant cash advance agreements, denying motion to sanction defendants’ attorney for threatening to file action against opposing counsel for Judiciary Law 487 if certain causes of action would not be withdrawn, and granting motion to compel arbitration of parties’ dispute and to sanction plaintiffs’ counsel for frivolous conduct) Alva Advance LLC v. Mandour Constr. Inc., 2022 NY Slip Op 34381(U) (N.Y. Sup. Ct., Nassau County, November 25, 2022) (granting petition to confirm arbitration award and preliminary injunction to restrain respondents’ bank accounts pending resolution of the proceeding to confirm the award) Bellevue Towers & Gardens, LLC v. Atlantis Natl. Servs., Inc., 208 A.D. 3d 1300, 175 N.Y.S. 3d 551, 2022 NY Slip Op 05307 (N.Y. App. Div., 2nd Dept., September 28, 2022) (modifying order denying motion to dismiss negligence, malpractice, and punitive damages claims against title company for alleged breach of voluntarily assumed duties of care owed -1- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions with regard to the handling of certain real estate transactions to dismiss malpractice and punitive damages claims) Crystal Springs Capital, Inc. v. Big Thicket Coin, LLC, 2022 NY Slip Op 69784(U) (N.Y. App. Div., 2nd Dept., August 10, 2022) (granting motion to extend time to serve and file respondent’s brief and leave to file supplemental record) AJ Equity Group LLC v. US Transp. LLC, 2021 NY Slip Op 31971(U) (N.Y. Sup Ct., Nassau County, June 30, 2021) (granting preliminary injunction restraining defendants’ accounts based on contractual provision providing for said relief) Seinfeld Capital, Inc. v. John B. Rudy Co., Inc., 2021 NY Slip Op 31951(U) (N.Y. Sup. Ct., Nassau County, June 9, 2021) (granting motions for preliminary injunction restraining defendants’ accounts and for default judgment on claim for breach of merchant cash advance agreement and directing turnover of defendants’ restrained funds upon entry of judgment) Spartan Bus. Solutions, LLC v. Valente Law Group, P.C., 2021 NY Slip Op 30960(U) (N.Y. Sup. Ct., Nassau County, March 23, 2021) (granting preliminary injunction restraining defendants’ accounts based on contractual provision providing for said relief) Spartan Bus. Solutions, LLC v. F&M Constr. & Dev. Corp., 2021 NY Slip Op 30927(U) (N.Y. Sup. Ct., Nassau County, March 22, 2021) (granting preliminary injunction restraining defendants’ accounts based on contractual provision providing for said relief) MCA Master Fund (MMF) v. Universal Scrap Motors Inc., 2021 NY Slip Op 30097(U) (N.Y. Sup. Ct., Nassau County, January 14, 2021) (granting motion for summary judgment on claim for breach of merchant cash advance agreement) Flash Funding Servs., Inc. v. Fan Food Corp., 2020 NY Slip Op 34022(U) (N.Y. Sup. Ct., Nassau County, December 2, 2020) (granting motion for leave to file supplemental summons and amended complaint and for preliminary injunction restraining assets of successor business and denying cross-motion to vacate preliminary injunction where restaurant that breached contract for sale of future receivables transferred the business to a new entity after a preliminary injunction was granted restraining the original entity’s assets) AJ Equity Group LLC v. Piloch Distrib., Inc., 2020 NY Slip Op 32700(U) (N.Y. Sup. Ct., Nassau County, August 19, 2020) (granting motion for preliminary injunction restraining defendants’ bank accounts where they misrepresented their financial condition in order to obtain a merchant cash advance and defaulted shortly after receiving funding under the agreement) 784 Cafe Inc. v. Lang Chin (In re Lang Chin), 617 B.R. 761 (Bankr. E.D. N.Y., July 7, 2020) (granting summary judgment denying bankruptcy discharge for debtor’s false testimony during 341 hearing that he was not suspended from the practice of law because it was irrelevant to his business transactions or dealings or to the disposition or discovery of assets and barring by collateral estoppel an exception to discharge for fraudulently inducing creditor by failing to -2- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions disclose he was not registered as an attorney and did not satisfy mandatory continuing legal education requirements) LG Funding, LLC v. United Senior Props. Of Olathe, LLC, 181 A.D. 3d 664, 122 N.Y.S. 3d 309, 2020 NY Slip Op 01607 (N.Y. App. Div., 2nd Dept., March 11, 2020), rearg dismissed 2020 NY Slip Op 70384(U) (N.Y. App. Div., 2nd Dept., August 24, 2020) (modifying order denying branch of motion to dismiss counterclaim for usury raised against claim for breach of merchant cash advance agreement to dismiss counterclaim) Epic Advance, Inc. v. 15 Div. St. Rest. Corp., 2020 NY Slip Op 30413(U) (N.Y. Sup. Ct., Westchester County, February 7, 2020) (denying motion to vacate confession of judgment for breach of merchant cash advance agreement where it was alleged that the underlying transaction was a usurious loan disguised as a sale of receivables) LG Funding LLC v. Beech Creek Rest. LLC, 2020 N.Y. Misc. LEXIS 14370 (N.Y. Sup. Ct., Nassau County, January 6, 2020) (granting petition to confirm arbitration award) LG Funding LLC v. J&N Ins. Agency LLC, 2019 N.Y. Misc. LEXIS 19302 (N.Y. Sup. Ct., Nassau County, December 10, 2019) (granting petition to confirm arbitration award) LG Funding LLC v. 3P Foods LLC, 2019 N.Y. Misc. LEXIS 15763 (N.Y. Sup. Ct., Nassau County, December 3, 2019) (granting default judgment on claim for breach of merchant cash advance agreement) LG Funding LLC v. Arkash Imps. LLC, 2019 N.Y. Misc. LEXIS 12280 (N.Y. Sup. Ct., Nassau County, November 27, 2019) (granting default judgment on claim for breach of merchant cash advance agreement) LG Funding LLC v. Arnold, 2019 N.Y. Misc. LEXIS 17383 (N.Y. Sup. Ct., Nassau County, November 27, 2019) (granting default judgment on claim for breach of merchant cash advance agreement) LG Funding LLC v. Platinum Travel LLC, 2019 N.Y. Misc. LEXIS 18420 (N.Y. Sup. Ct., Nassau County, November 27, 2019) (granting default judgment on claim for breach of merchant cash advance agreement) LG Funding LLC v. Hunt Communications LLC, 2019 NY Slip Op 32331(U) (N.Y. Sup. Ct., Nassau County, August 1, 2019) (granting summary judgment on claim for breach of merchant cash advance agreement) Corvera v. Prime Source Dev., 172 A.D. 3d 1161, 101 N.Y.S. 3d 395, 2019 NY Slip Op 03949 (N.Y. App. Div., 2nd Dept., May 22, 2019) (affirming order denying motion for default judgment, granting cross-motion to compel acceptance of late answer, and denying cross-motion for summary judgment where there was a reasonable excuse for the delay in answering and a potentially meritorious defense was raised to the fraudulent conveyance -3- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions claims in that the challenged conveyances were part of a broader transaction supported by fair consideration) LG Funding, LLC v. Johnson & Son Locksmith, Inc., 170 A.D. 3d 1153, 96 N.Y.S. 3d 640, 2019 NY Slip Op 02330 (N.Y. App. Div., 2nd Dept., March 27, 2019) (reversing order refusing to award attorney’s fees even though summary judgment was granted in favor of movant and parties’ agreement contained attorney fees provision) LG Funding LLC v. Nazy, 2019 NY Slip Op 30396(U) (N.Y. Sup. Ct., Nassau County, February 14, 2019) (granting default judgment on claim for breach of guaranty of merchant cash advance agreement) J.O.Y. for Our Youth v. Hackensack Auto Wreckers, 2019 N.J. Super. Unpub. LEXIS 6164 (N.J. Law Div., January 25, 2019) (granting motion to restore case to active status and enter default judgment) Nerayoff v. Khorshad, 168 A.D. 3d 866, 89 N.Y.S. 3d 909, 2019 NY Slip Op 00290 (N.Y. App. Div., 2nd Dept., January 16, 2019) (reversing order granting motion for summary judgment in lieu of complaint that was supported only by an affirmation of an attorney without personal knowledge of the facts of the case) LG Funding LLC v. City N. Grill Corp., 2018 NY Slip Op 33290(U) (N.Y. Sup. Ct., Nassau County, December 14, 2018) (granting summary judgment on claim for breach of merchant cash advance agreement) LG Funding, LLC v. Filton LLC, 2018 NY Slip Op 33289(U) (N.Y. Sup. Ct., Nassau County, December 14, 2018) (granting summary judgment on motion for summary judgment on claim for breach of merchant cash advance agreement and dismissing affirmative defenses that the agreement was a loan with a usurious rate of interest and that the signatures on the agreement were forgeries) LG Funding LLC v. Garber, 2018 NY Slip Op 33135(U) (N.Y. Sup. Ct., Nassau County, December 4, 2018) (granting reargument of motion to dismiss usury affirmative defense and counterclaim and for summary judgment on claim for breach of merchant cash advance agreement and granting the original motion upon reargument) Official Committee of Unsecured Creditors v. LG Funding, LLC (In re Cornerstone Tower Servs.), 2018 Bankr. LEXIS 3562 (Bankr. D. Neb., November 9, 2018) (denying motion for summary judgment by creditors’ committee for recovery of payments received by merchant cash advance company alleged to be preferential transfers and ruling that the transaction was a true sale of receivables as opposed to a financing agreement) LG Funding LLC v. Garber, 2018 NY Slip Op 32067(U) (N.Y. Sup. Ct., Nassau County, August 20, 2018) (denying motion to change venue where parties’ contract provided for venue in any court in State of New York and distinguishing cases holding otherwise) -4- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions Russell v. Pisana, 164 A.D. 3d 704, 83 N.Y.S. 3d 124, 2018 NY Slip Op 05789 (N.Y. App. Div., 2nd Dept., August 15, 2018) (reversing motion for summary judgment on liability for breach of land sale contract where seller sued buyer for breach after allegations arose that the property was being used illegally as a marijuana grow farm and buyer stopped making payments due under land sale contract because seller demanded additional money for alleged damage to the property caused by the marijuana grow farm) Gecker v. LG Funding, LLC (In re Hill), 589 B.R. 614, 66 Bankr. Ct. Dec. 65 (Bankr. N.D. Ill., August 15, 2018) (granting judgment after trial in favor of merchant cash advance company on all counts brought by bankruptcy trustee in adversary proceeding for recovery of payments received by merchant cash advance company alleged to be preferential and fraudulent transfers) Trump Vil. Apt. 1 Owner, LLC v. Lieber, 2018 NY Slip Op 81667(U) (N.Y. App. Term, 2nd Dept., August 13, 2018) (denying motion for stay of eviction pending determination of appeal from decision after trial where tenant claimed his attorney lied to the Civil Court judge about telling him to attend the trial) 305 MK Secure Holdings, LLC v. Chen, 59 Misc. 3d 144(A), 2018 NY Slip Op 50719(U) (N.Y. App. Term, 1st Dept., May 23, 2018) (affirming denial of motion to vacate default judgment for lack of jurisdiction where landlord was not provided with “written notification” of tenant’s alternate residence address and tenant failed to support his claim of being out of the country during the time in question, gave an insufficient excuse for delay in moving to vacate the default, and did not demonstrate a meritorious defense to the proceeding) LG Funding, LLC v. City N. Grill Corp., 2018 NY Slip Op 30372(U) (N.Y. Sup. Ct., Nassau County, February 26, 2018) (granting motion to dismiss affirmative defense and counterclaims for usury against claim for breach of merchant cash advance agreement) LG Funding, LLC v. Balsamo, 2017 NY Slip Op 32686(U) (N.Y. Sup. Ct., Nassau County, December 21, 2017) (granting motion to dismiss counterclaim for fraud and for summary judgment against guarantor of merchant cash advance where the contract evidenced clear intent by the parties to enter into a transaction for the purchase of receivables and not a loan and guarantors’ reliance on alleged statements that the guarantee document they signed would not bind them personally was not reliable) LG Funding, LLC v. Grace Plastics, Inc., 2017 NY Slip Op 32750(U) (Sup. Ct., Nassau County, December 17, 2017) (granting motion to dismiss counterclaims for usury and for summary judgment on claim for breach of merchant cash advance agreement) LG Funding, LLC v. Snowstar, Inc., 2017 NY Slip Op 32741(U) (Sup. Ct., Nassau County, December 7, 2017) (granting motion to dismiss counterclaims for usury and for summary judgment on claim for breach of merchant cash advance agreement) LG Funding, LLC v. Christenbury Eye Ctr., P.A., 2017 NY Slip Op 32609(U) (N.Y. Sup. Ct., Nassau County, December 7, 2017) (denying motion to dismiss claim for merchant cash advance on the basis of usury) -5- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions Burton v. Burton, 2017 NY Slip Op 93498(U) (N.Y. App. Div., 2nd Dept., November 28, 2017) (holding in abeyance motion to dismiss appeal for lack of standing where appeal was filed while appellant was in bankruptcy and subject claim was not yet disposed of in bankruptcy proceeding) LG Funding, LLC v. Advanced Pharma CR, LLC, 58 Misc. 3d 231, 66 N.Y.S. 3d 103, 2017 NY Slip Op 27384 (N.Y. Sup. Ct., Nassau County, November 27, 2017) (granting motion to change venue where parties’ contract provided for venue in any court in State of New York but did not list specific venues) LG Funding, LLC v. Island Flavor, LLC, 2017 NYLJ LEXIS 3426 (N.Y. Sup. Ct., Nassau County, November 21, 2017) (granting motion to dismiss affirmative defenses and counterclaims for usury and summary judgment on merchant cash advance claims) LG Funding, LLC v. Branson Getaways, Inc., 2017 NY Slip Op 32387(U) (N.Y. Sup. Ct., Nassau County, November 13, 2017) (denying order to show cause to vacate order granting default judgment and summary judgment on merchant cash advance claims where the signer of the document claimed that his signatures on several pages of the agreement were forgeries but it was evident that the signed possessed and had an opportunity to review all pages of the agreement and accepted its benefits) LG Funding, LLC v. Four Paws Orlando, LLC, 2017 NY Slip Op 32391(U) (N.Y. Sup. Ct., Nassau County, November 9, 2017) (denying motion to change venue where parties’ contract provided for venue in any court in State of New York) Russell v. Pisana, 2017 NY Slip Op 79593(U) (N.Y. App. Div., 2nd Dept., July 11, 2017) (granting application for enlargement of time to perfect appeal) New York Merchants Protective Co., Inc. v. Antique Rugs Studio, Inc., 55 Misc. 3d 146(A), 58 N.Y.S. 3d 874, 2017 NY Slip Op 50681(U) (N.Y. App. Term, 2nd Dept., May 18, 2017) (reversing branch of District Court judgment denying award of attorney’s fees for prosecution of proceeding to confirm arbitration award and prior appeal) JSBarkats PLLC v. Response Scientific Inc., 149 A.D. 3d 652, 50 N.Y.S. 3d 873, 2017 NY Slip Op 03142 (N.Y. App. Div., 1st Dept., April 25, 2017) (affirming denial of motion to compel arbitration where movants participated in lawsuit in federal and state court for 11 months before seeking arbitration) D&W Cent. Sta. Fire Alarm Co., Inc. v. 112 Fulton Group, Inc., 55 Misc. 3d 132(A), 55 N.Y.S. 3d 691, 2017 NY Slip Op 50425(U) (N.Y. App. Term 2nd Dept., April 10, 2017) (reversing Civil Court judgment denying award of attorney’s fees for prosecution of proceeding to confirm arbitration award) Longo v. Key Appraisals, Inc., 55 Misc. 3d 128(A), 55 N.Y.S. 3d 692, 2017 NY Slip Op 50366(U) (N.Y. App. Term 2nd Dept., March 30, 2017) (reversing Civil Court order denying award of attorney’s fees for prosecution of proceeding to confirm arbitration award) -6- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions New York Merchants Protective Co., Inc. v. Apollon Waterproofing & Restoration Corp., 55 Misc. 3d 128(A), 55 N.Y.S. 3d 693, 2017 NY Slip Op 50368(U) (N.Y. App. Term 2nd Dept., March 30, 2017) (reversing branch of District Court judgment denying award of attorney’s fees for prosecution of proceeding to confirm arbitration award and prior appeal) JSBarkats PLLC v. Response Scientific Inc., 2017 NY Slip Op 65004(U) (N.Y. App. Div., 1st Dept., February 23, 2017) (denying motion to compel appellants to supplement record on appeal or alternatively granting respondent leave to supplement the record) Russell v. Pisana, 2017 NY Slip Op 64105(U) (N.Y. App. Div., 2nd Dept., February 10, 2017) (denying motion for stay of lower court action pending appeal) Matter of La Boom Inc. v. D & W. Cent. Sta. Fire Alarm Co., Inc., 2016 NY Slip Op 32573(U) (N.Y. Sup. Ct., New York County, December 19, 2016) (granting motion to dismiss proceeding to stay arbitration where the petitioner’s claim that the document it signed was not an agreement to arbitrate was refuted by the document itself) A & L Vil. Mkt., Inc. v. 344 Vil., Inc., 140 A.D. 3d 804, 33 N.Y.S. 3d 402, 2016 NY Slip Op 04367 (N.Y. App. Div., 2nd Dept., June 8, 2016) (affirming Supreme Court denial of motion to vacate arbitration award where arbitrator failed to disclose but plaintiff discovered after hearing that arbitrator presided over prior arbitration in which defendant was a party and did not object prior to rendering of award) Matter of 44 Lexington Assoc. (Supreme Sec. Sys., Ltd.), 139 A.D. 3d 517, 32 N.Y.S. 3d 100, 2016 NY Slip Op 03834 (N.Y. App. Div., 1st Dept., May 17, 2016) (reversing Supreme Court dismissal of petition to stay arbitration on the grounds that hearing was required to determine validity of arbitration agreement claimed to be product of fraud even though parties made valid prior arbitration agreement and petitioner’s failure to serve mandatory e-filing notice did not warrant dismissal because papers were served in accordance with terms and conditions of order to show cause) Marino v. Salzman, 51 Misc. 3d 131(A), 36 N.Y.S. 3d 48, 2016 NY Slip Op 50410(U) (N.Y. App. Term, 2nd Dept., March 23, 2016) (reversing District Court denial of branch of motion to compel arbitration and stay action pending arbitration) Summit Apparel, Inc. v. Promo Nation, Inc., 50 Misc. 3d 94, 25 N.Y.S. 3d 773, 2015 NY Slip Op 25397 (N.Y. App. Term, 2nd Dept., November 30, 2015) (reversing Civil Court denial of motion to dismiss counterclaim and for summary judgment where seller delivered goods to buyer and buyer did not object to the alleged untimeliness of delivery until nearly 3 years later and counterclaimed for $750,000 in lost profit due to the delivery’s untimeliness) Slomin’s, Inc. v. Mehta, 47 Misc. 3d 148(A), 17 N.Y.S. 3d 385, 2015 NY Slip Op 50767(U) (N.Y. App. Term, 2nd Dept., May 6, 2015) (reversing Civil Court vacatur of default judgment where defendant made bald assertion of not being served and failed to demonstrate not receiving notice of summons in time to defend action) -7- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions Schiffer v. Slomin’s, Inc., 48 Misc. 3d 15, 11 N.Y.S. 3d 799, 2015 NY Slip Op 25101 (N.Y. App. Term, 2nd Dept., March 30, 2015) (modifying District Court denial of motion to compel arbitration and stay action pending arbitration to grant relief requested as against party demonstrated to have agreed to arbitrate where sufficient nexus with interstate commerce established to demonstrate parties’ arbitration agreement subject to federal law preempting state law invalidating mandatory arbitration provisions in consumer contracts) Intriago v. Slomin’s Shield, 47 Misc. 3d 135(A), 9 N.Y.S. 3d 593, 2015 NY Slip Op 50492(U) (N.Y. App. Term, 2nd Dept., March 30, 2015) (reversing District Court order denying motion to compel arbitration and stay action pending arbitration) Slomin’s, Inc. v. Serpico, 47 Misc. 3d 134(A), 9 N.Y.S. 3d 595, 2015 NY Slip Op 50478(U), (N.Y. App. Term, 2nd Dept., March 26, 2015) (reversing Civil Court vacatur of default judgment where defendant failed to demonstrate reasonable excuse for default and meritorious defense to action for breach of contract for home alarm system) New York Merchants Protective Co., Inc. v. Korin, 46 Misc. 3d 147(A), 2015 NY Slip Op 50228(U) (N.Y. App. Term, 2nd Dept., February 24, 2015) (reversing Civil Court order vacating default judgment where respondent failed to provide reasonable excuse for default and meritorious defense to proceeding to confirm arbitration award) Mt. Sinai Ageless 360, Inc. v. Roxanne Gail Carfora D.O., P.C., 2015 NY Slip Op 62677(U) (N.Y. App. Term, 2nd Dept., January 15, 2015) (granting motion to stay District Court action pending appeal) New York Merchants Protective Co., Inc. v. Antique Rugs Studio, Inc., 45 Misc. 3d 129(A), 3 N.Y.S. 3d 285, 2014 NY Slip Op 51526(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (reversing District Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Antique Rugs Studio, Inc., 2014 NY Slip Op 87428(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (granting motion to reargue appeal, resulting in recall and vacatur of opinion affirming District Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Apollon Waterproofing & Restoration Corp., 45 Misc. 3d 129(A), 2014 NY Slip Op 51525(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (reversing District Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Apollon Waterproofing & Restoration Corp., 2014 NY Slip Op 87427(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (granting motion to reargue appeal, resulting in recall and vacatur of opinion affirming District Court dismissal of -8- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Oristy Food Ctr., Inc., 45 Misc. 3d 129(A), 2014 NY Slip Op 51524(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (reversing Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Oristy Food Ctr., Inc., 2014 NY Slip Op 87426(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (granting motion to reargue appeal, resulting in recall and vacatur of opinion affirming Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Ricca, 45 Misc. 3d 129(A), 2014 NY Slip Op 51523(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (reversing District Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Ricca, 2014 NY Slip Op 87425(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (granting motion to reargue appeal, resulting in recall and vacatur of opinion affirming District Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Rockaway Bagels, Inc., 45 Misc. 3d 128(A), 2014 NY Slip Op 51522(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (reversing Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Rockaway Bagels, Inc., 2014 NY Slip Op 87424(U) (N.Y. App. Term, 2nd Dept., October 23, 2014) (granting motion to reargue appeal, resulting in recall and vacatur of opinion affirming Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) Slomin’s, Inc. v. Christiani, 43 Misc. 3d 132(A), 988 N.Y.S. 2d 525, 2014 NY Slip Op 50621(U) (N.Y. App. Term, 2nd Dept., March 31, 2014) (reversing Civil Court order vacating judgment and remitting motion to Civil Court judge who decided original motion for summary judgment) Slomin’s, Inc. v. Mehta, 2014 NY Slip Op 65891(U) (N.Y. App. Term, 2nd Dept., February 25, 2014) (granting motion to stay Civil Court action pending appeal and enlarge time to perfect appeal) Matter of New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 114 A.D. 3d 796, 979 N.Y.S. 2d 847, 2014 NY Slip Op 1008 (N.Y. App. Div., 2nd Dept., February 13, -9- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions 2014) (reversing Appellate Term opinion affirming Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) Slomin’s, Inc. v. Serpico, 2014 NY Slip Op 63647(U) (N.Y. App. Term, 2nd Dept., February 3, 2014) (granting motion for further enlargement of time to perfect appeal) Andrews Intl., Inc. v. Interstate Materials Corp., 2013 NY Slip Op 33049(U) (N.Y. Sup. Ct., New York County, November 13, 2013) (granting plaintiff summary judgment on all claims for security guard services rendered and account stated) Slomin’s, Inc. v. Serpico, 2013 NY Slip Op 91841(U) (N.Y. App. Term, 2nd Dept., November 7, 2013) (granting motion for further enlargement of time to perfect appeal) Slomin’s, Inc. v. Serpico, 2013 NY Slip Op 81417(U) (N.Y. App. Term, 2nd Dept., July 31, 2013) (granting motion to stay Civil Court action pending appeal and enlarge time to perfect appeal) Matter of New York Merchants Protective Co., Inc. v. RW Adart Poly LLC, 108 A.D.3d 554, 968 N.Y.S.2d 552, 2013 NY Slip Op 5081 (N.Y. App. Div., 2nd Dept., July 3, 2013) (modifying Supreme Court judgment to confirm arbitration award in entirety where award had been vacated in part deducting attorney’s fees awarded by arbitrator for arbitration proceeding even though arbitration rules permitted award of attorney’s fees) Schiffer v. Slomin’s, Inc., 40 Misc. 3d 884, 970 N.Y.S. 2d 856, 2013 NY Slip Op 23214 (N.Y. Dist. Ct., Nassau County, June 26, 2013) (subsequently modified to grant relief requested as against party demonstrated to have agreed to arbitrate, granting motion to reargue motion to compel arbitration and stay pending arbitration and adhering to prior order denying motion finding insufficient nexus with interstate commerce to demonstrate parties’ arbitration agreement subject to federal law preempting state law invalidating mandatory arbitration provisions in consumer contracts) Slomin’s, Inc. v. Christiani, 2013 NY Slip Op 74874(U) (N.Y. App. Term, 2nd Dept., May 13, 2013) (granting motion to stay Civil Court action pending appeal) Nu-Life Restorations of Long Island, Inc. v. Greenpoint Dental Plaza, P.C., 39 Misc. 3d 133(A), 971 N.Y.S. 2d 73, 2013 NY Slip Op 50488(U) (N.Y. App. Term, 2nd Dept., March 29, 2013) (reversing Civil Court vacatur of default judgment where defendant failed to set forth reasonable excuse for default and meritorious defense to action to collect balance due for dental products prepared by dental lab for dental office) Supreme Sec. Sys., Ltd v. Atlas Switch Co., Inc., 39 Misc. 3d 130(A), 969 N.Y.S. 2d 806, 2013 NY Slip Op 50463(U) (N.Y. App. Term, 2nd Dept., March 21, 2013) (modifying District Court judgment dismissing all claims to grant new trial on claims for breach of contract and attorney’s fees) -10- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions Schiffer v. Slomin’s, Inc., 39 Misc. 3d 414, 959 N.Y.S. 2d 422, 2013 NY Slip Op 23046 (N.Y. Dist. Ct., Nassau County, February 13, 2013) (subsequently overruled, denying motion to compel arbitration and stay pending arbitration pursuant to state law invalidating mandatory arbitration provisions in consumer contracts where consumer contract contained mandatory arbitration provision) Matter of New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 2012 NY Slip Op 78393(U) (N.Y. App. Div., 2nd Dept., July 11, 2012) (granting motion to Appellate Division for leave to appeal to Appellate Division from opinion affirming Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 2012 NY Slip Op 74218(U) (N.Y. App. Term, 2nd Dept., May 15, 2012) (denying motion to Appellate Term for leave to appeal to Appellate Division from opinion affirming Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Northern Autogroup, LLC, 35 Misc. 3d 1, 941 N.Y.S. 2d 829, 2012 NY Slip Op 22024 (N.Y. App. Term, 2nd Dept., January 24, 2012) (reversing Civil Court judgment confirming arbitration award in part disallowing conditional award made by arbitrator) D&W Cent. Sta. Fire Alarm Co., Inc. v. United Props. Corp., 34 Misc. 3d 85, 940 N.Y.S. 2d 779, 2012 NY Slip Op 22012 (N.Y. App. Term, 2nd Dept., January 13, 2012) (reversing Civil Court order denying motion to restore petition to confirm arbitration award and grant relief requested therein where original petition was filed within applicable statute of limitations) Slomin’s, Inc. v. Niranjan, 34 Misc. 3d 140(A), 943 N.Y.S. 2d 794, 2012 NY Slip Op 50055(U), (N.Y. App. Term, 2nd Dept., January 13, 2012) (modifying Civil Court denial of motion to dismiss counterclaim and for summary judgment to grant dismissal of counterclaim) New York Merchants Protective Co., Inc. v. Backyard Party Tent Rental Inc., 34 Misc. 3d 55, 939 N.Y.S. 2d 220, 2011 NY Slip Op 21455 (N.Y. App. Term, 2nd Dept., December 16, 2011) (reversing District Court order denying petition to confirm arbitration award for improper service of demand for arbitration where demand was served by regular mail in accordance with arbitration rules and arbitrator deemed service proper) D&W Cent. Sta. Fire Alarm Co., Inc. v. Culture Club of NYC, LLC, 31 Misc. 3d 134(A), 927 N.Y.S. 2d 815, 2011 NY Slip Op 50628(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently overruled, affirming Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) -11- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions New York Merchants Protective Co., Inc. v. 1363 Old Northern Restaurant Inc., 31 Misc. 3d 135(A), 927 N.Y.S. 2d 817, 2011 NY Slip Op 50632(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently overruled, affirming District Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Antique Rugs Studio, Inc., 31 Misc. 3d 135(A), 927 N.Y.S. 2d 817, 2011 NY Slip Op 50642(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently recalled and vacated, affirming District Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Apollon Waterproofing & Restoration Corp., 31 Misc. 3d 135(A), 927 N.Y.S. 2d 817, 2011 NY Slip Op 50638(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently recalled and vacated, affirming District Court dismissal of petition to confirm arbitration award where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 31 Misc. 3d 79, 924 N.Y.S. 2d 728, 2011 NY Slip Op 21134 (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently reversed, affirming Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Oristy Food Center, Inc., 31 Misc. 3d 135(A), 927 N.Y.S. 2d 817, 2011 NY Slip Op 50637(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently recalled and vacated, affirming Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Ricca, 31 Misc. 3d 134(A), 927 N.Y.S. 2d 817, 2011 NY Slip Op 50631(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently recalled and vacated, affirming District Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Rockaway Bagels, Inc., 31 Misc. 3d 134(A), 927 N.Y.S. 2d 817, 2011 NY Slip Op 50629(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently recalled and vacated, affirming Civil Court dismissal of petition to confirm arbitration award for lack of personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) New York Merchants Protective Co., Inc. v. Rojas, 31 Misc. 3d 134(A), 927 N.Y.S. 2d 817, 2011 NY Slip Op 50630(U) (N.Y. App. Term, 2nd Dept., April 11, 2011) (subsequently overruled, affirming District Court dismissal of petition to confirm arbitration award for lack of -12- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions personal jurisdiction where petition was served by regular mail in accordance with arbitration rules) Davis Alarms, Inc. v. Chazanoff, 30 Misc. 3d 142(A), 924 N.Y.S. 2d 308, 2011 NY Slip Op 50318(U) (N.Y. App. Term, 2nd Dept., January 28, 2011) (reversing Civil Court judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator) Internet Sec. Sys., Inc. v. Hauer, 30 Misc. 3d 142(A), 924 N.Y.S. 2d 309, 2011 NY Slip Op 50317(U) (N.Y. App. Term, 2nd Dept., January 28, 2011) (reversing Civil Court judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator) Nat. Safeway Alert Sys., Inc. v. Pelham 7-11, LLC, 30 Misc. 3d 142(A), 924 N.Y.S. 2d 310, 2011 NY Slip Op 50319(U) (N.Y. App. Term, 2nd Dept., January 28, 2011) (reversing Civil Court judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator) United Burglar Alarm, Inc. v. Teodorovich, 30 Misc. 3d 142(A), 924 N.Y.S. 2d 312, 2011 NY Slip Op 50316(U) (N.Y. App. Term, 2nd Dept., January 28, 2011) (reversing Civil Court judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator) New York Merchants Protective Co., Inc. v. Green Forest Mkt., Inc., 31 Misc. 3d 27, 920 N.Y.S. 2d 568, 2010 NY Slip Op 20506 (N.Y. App. Term, 2nd Dept., December 8, 2010) (reversing Civil Court judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator) New York Merchants Protective Co., Inc. v. RW Adart Poly, LLC, 2010 NY Slip Op 32880(U) (N.Y. Sup. Ct., Nassau County, October 13, 2010) (subsequently modified to confirm arbitration award in its entirety, confirming award in part and vacating in part deducting attorney’s fees awarded by arbitrator for arbitration proceeding) Davis Alarms, Inc. v. Landezabad, 28 Misc. 3d 135(A), 958 N.Y.S. 2d 60, 2010 NY Slip Op 51358(U) (N.Y. App. Term, 2nd Dept., July 29, 2010) (reversing Civil Court order vacating default judgment and remitting motion to Civil Court judge who decided original motion to vacate) New York Merchants Protective Co., Inc. v. Costanza, 28 Misc. 3d 130(A), 911 N.Y.S. 2d 694, 2010 NY Slip Op 51253(U) (N.Y. App. Term, 2nd Dept., July 16, 2010) (affirming Civil Court order denying motion to restore case dismissed with prejudice where plaintiff was not ready for trial after trial adjourned multiple times when plaintiff was ready) D&W Cent. Sta. Fire Alarm Co., Inc. v. Ziari, 28 Misc. 3d 128(A), 957 N.Y.S. 2d 635, 2010 NY Slip Op 51194(U) (N.Y. App. Term, 2nd Dept., July 7, 2010) (reversing Civil Court order vacating arbitration award where arbitrator certified that copy of award was duly served on parties in accordance with terms of arbitration agreement) New York Merchants Protective Co., Inc. v. Mima’s Kitchen, Inc., 2010 NY Slip Op 62569(U) (N.Y. App. Term, 2nd Dept., January 29, 2010) (granting motion to vacate dismissal of appeal -13- FILED: NASSAU COUNTY CLERK 02/15/2024 09:48 AM INDEX NO. 602781/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/15/2024 Gene W. Rosen, Esq. – Reported Decisions for failure to prosecute where appellant’s counsel could not perfect the appeal because appellate court did not provide timely notification of docket information and deadline to perfect) Seretis v. D&W Cent. Sta. Alarm Co., 2010 NY Slip Op 60375(U) (N.Y. App. Term, 1st Dept., January 8, 2010) (granting motion to dismiss appeal where appellant failed to perfect appeal within time permitted) Davis Alarms, Inc. v. Diamond Cutters, Inc., 25 Misc. 3d 130(A), 901 N.Y.S. 2d 905, 2009 NY Slip Op 52120(U) (N.Y. App. Term, 2nd Dept., October 13, 2009) (reversing Civil Court judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator) Discover Bank v. Geselowitz, 2009 NY Slip Op 31250(U) (N.Y. Sup. Ct., Nassau County, June 1, 2009) (granting motion to vacate default judgment and dismissing case for lack of personal jurisdiction) New York Merchants Protective Co., Inc. v. Salloom Import & Export Corp., 18 Misc. 3d 129(A), 856 N.Y.S. 2d 25, 2007 NY Slip Op 52458(U) (N.Y. App. Term, 2nd Dept., December 27, 2007) (reversing Civil Court judgment modifying arbitration award to deduct attorney’s fees awarded by arbitrator) -14-