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LG Funding LLC v. Island Flavor LLC

Agreement a Purchase Agreement Not Loan; Plaintiff Entitled to Summary Judgment for Breach

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The following papers read on this motion:Notice of Motion and Affidavits          XMemorandum of Law in Support of Motion         XAffirmation in Opposition    XMemorandum of Law in Support of Opposition  XReply Affirmation XMemorandum of Law in Support of Reply          X

*1The plaintiff moves for an order pursuant to CPLR §§3211(a)(1) and (7) dismissing defendants’ affirmative defenses and counterclaim, and an order pursuant to CPLR §3212 granting plaintiff summary judgment directing the entry of judgment against the defendants, jointly and severally, in the sum of fifty-one thousand two hundred seventy-nine and 80/100 dollars, ($51,279.80), with interest from February 14, 2017, plaintiff’s reasonable attorney’s fees in the sum of twelve thousand eight hundred nineteen and 95/100 dollars, ($12,819.95), and costs and disbursements. Plaintiff initiated this action sounding in breach of contract. The plaintiff and the defendants entered into a written Merchant Agreement, (hereinafter referred to as the “Agreement”), whereby the defendant, Island Flavor, LLC d/b/a Island Flavor, (hereinafter referred to as “Flavor”), sold the plaintiff, LG Funding, LLC, (hereinafter referred to as “LG”), fifty-seven thousand seven hundred seventy-nine and 80/100 dollars, ($57,779.80), (hereinafter referred to as the “Purchased Amount”), of Flavor’s accounts, contract rights, and other obligations arising from, or relating to, the payment of monies from Flavor’s customers and other third payors, (hereinafter

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