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Fenix Capital Funding LLC v. Sunny Direct, LLC

Unauthenticated Evidence Not Enough to Grant Plaintiff's Summary Judgment

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The following numbered papers were used on this motion: NYSCEF Document Numbers 21-35, 38. DECISION AND ORDER Upon the foregoing papers, having heard oral argument, and due deliberation having been had thereon, Petitioner subsequently discovered that the property is located in the Glens Falls Common School District (hereinafter the Common School District), and not the City School District. To that end, the notice of petition and petition were mailed to the superintendent of the Common School District on July 28, 2020. On July 31, 2020, Claudia K. Braymer, Esq. sent correspondence advising of her representation of the Common School District and requesting that all “[c]orrespondence, pleadings, motions and other papers regarding the…matter…be served upon [her] firm.” It is hereby ORDERED as follows: Plaintiff moves pursuant to CPLR 3212 for summary judgment in its favor against Defendants. Plaintiff alleges that it entered into a contract with Defendant Sunny Direct, LLC /DBA: Sunny Direct/101 Digital to purchase $75,000.00 of Defendants’ future receivables. Defendant Anita M. Reinke is alleged to have personally guaranteed payment. Defendants SDS Communications, LLC, Springrock National, LLC, and Springrock National, LLC were alleged to have executed a cross-collateral addendum in which they agreed to be held liable.1 Plaintiff alleges further that it complied with its obligations by remitting the sum of $47,406.00 to purchase the receivables. Defendant Sunny Direct, LLC /DBA: Sunny Direct/101 Digital is alleged to have breached the contract, resulting in all Defendants now being liable in the sum of $79,365.50, comprised of $31,744.50 in unpaid receivables plus $36,110.00 in default fees and contractual penalties. (See NYSCEF Doc No. 23, Leyvi Aff

3-13; NYSCEF Doc No. 22, Ryvkin Aff

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