Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04563
EBF Holdings, LLC v Defiant Arms, L.L.C.
Read the official decision: 2026 NY Slip Op 04563
Holding The court held that the revenue purchase agreement was not a usurious loan because repayment was contingent rather than absolute. While the plaintiff met its burden for breach of contract against Defiant Arms, it failed to establish that the guarantor was liable for the specific breach alleged.
The court’s words
Unless a principal sum advanced is repayable absolutely, the transaction is not a loan
2026 NY Slip Op 04563, at the official text
Seller going bankrupt or going out of business, in and of itself, does not constitute a breach of this agreement
2026 NY Slip Op 04563, at the official text
Failure to make such showing requires denial of the motion, regardless of the sufficiency of the opposing papers
2026 NY Slip Op 04563, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04563 |
| Area of law | Contracts and Commercial |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04563 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 229 |
Recommended citation
ESQ HQ, New York Law Watch, EBF Holdings, LLC v Defiant Arms, L.L.C., 2026 NY Slip Op 04563 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04563/
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