INDIGO SECURED HIGH INCOME NOTE, LTD. v. HCI SECURED MEDICAL RECEIVABLES SPECIAL PURPOSE CORPORATION

650487/13, 1561, 1560, 1559.

140 A.D.3d 589 (2016)

34 N.Y.S.3d 444

2016 NY Slip Op 05044

INDIGO SECURED HIGH INCOME NOTE, LTD., Respondent, v. HCI SECURED MEDICAL RECEIVABLES SPECIAL PURPOSE CORPORATION et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2016.


The motion court correctly determined that defendants Nitsberg and Health Capital are liable for the obligation of defendant HCI Secured Medical Receivables Special Purpose Corporation (NY) (HCI-NY) to make payments due to plaintiff under a settlement agreement (SA) and accompanying promissory notes. It is undisputed that Health Capital is the sole owner, and Nitsberg is the president and sole officer and director, of HCI-NY. Further, Nitsberg executed the SA and the notes...

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