New NY Fourth Department Decision

New York’s Appellate Division, Fourth Department, has unanimously affirmed a judgment in favor of Carter Ledyard’s client, revenue purchase agreement (RPA) funder NewCo Capital Group LLC, rejecting the merchant’s contention that the agreement was a disguised criminally usurious loan. See NewCo Capital Group LLC v. SPE Trading, Inc., 2026 N.Y. Slip Op. 04057 (4th Dept. June 26, 2026)

(Read the decision here and below)

Appeal from a judgment of the Supreme Court, Monroe County (Daniel J. Doyle, J.), entered January 17, 2025. The judgment awarded damages and attorneys’ fees to plaintiff.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action following defendants’ alleged breach of a revenue purchase agreement (agreement) entered into between plaintiff and defendants. Defendant Jaime Rafael Soto was the “Guarantor,” and the remaining defendants (entity defendants) were the “Merchant.” Under the