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Wise Winner USA Corp. v. Sunrise Cap. Partners Mgmt. LLC

Court Strikes Commercial Loan That Surpasses 25 Percent Threshold as Criminally Usurious

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 65, 66, 67, 68 were read on this motion for         SUMMARY JUDGMENT (AFTER JOINDER). DECISION ORDER ON MOTION In this consolidated action seeking to recover damages on two separate loan agreements, defendants Sunrise Capital Partners Management LLC (“Sunrise”), Hemang Mehta (“Mehta”) together, the “Sunrise Borrowers”), and SCP Ventures LLC (“SCP”) (collectively, “defendants”) move, pursuant to CPLR 3212, for summary judgment dismissing the complaint against them. Plaintiffs Wise Winner USA Corporation (“Wise Winner”) and Chang Sheng-Dean (“Sheng-Dean”) (together, plaintiffs) cross-move for summary judgment against the Sunrise Borrowers, or for an order, pursuant to CPLR 3025, granting them leave to amend the complaint. Background Plaintiff Wise Winner is a corporation organized in California with an office in Ontario, California (NY St Cts Elec Filing [NYSCEF] Doc No. 37, Mark S. Pincus [Pincus] affirmation, exhibit D, 1). Nonparty Andy Cheng (“Cheng”) is a former Wise Winner officer who resides in California (NYSCEF Doc No. 50, Cheng aff,

1 and 5). Cheng owns nonparty Highlight International Logistics Group (“Highlight”), a freight forwarding company with an office in Shanghai, China (NYSCEF Doc No. 26, Mehta aff, 6; NYSCEF Doc No. 27, Mehta aff, exhibit A at 2). Cheng facilitated the loans discussed infra (NYSCEF Doc No. 26, 7; NYSCEF Doc No. 50, 2). Cheng’s uncle, Sheng-Dean, is an individual residing in Taipei, Taiwan (NYSCEF Doc No. 38, Pincus affirmation, exhibit E, 1; NYSCEF Doc No. 26, 4; NYSCEF Doc No. 50,

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