| Fusion Funding v Loftti Inc. |
| 2023 NY Slip Op 02414 [216 AD3d 1418] |
| May 5, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Fusion Funding, Respondent, v Loftti Inc., Doing Business as Loftti Café, Defendant, and Paul Kim, Appellant. (Appeal No. 2.) |
The Linden Law Group, P.C., New York City (Jeffrey Benjamin of counsel), for defendant-appellant.
Wells Law P.C., Lancaster (James M. Specyal of counsel), for plaintiff-respondent.
Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered June 24, 2022. The order and judgment denied the motion of defendant Paul Kim to vacate a default judgment and imposed monetary sanctions upon defendant Paul Kim.
It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by vacating that part granting sanctions and as modified the order and judgment is affirmed without costs.
Same memorandum as in Fusion Funding v Loftti Inc. ([appeal No. 1] 216 AD3d 1416 [4th Dept, May 5, 2023]). Present—Smith, J.P., Peradotto, Curran, Montour and Ogden, JJ.