Fundkite lawsuit: what AWR, Hog Wild, and Avanti held
Fundkite (AKF Inc.) lawsuit coverage: American Water Restoration COJ plenary dismissed, Hog Wild arbitration confirmed, and Avanti and Pattern enforcement.
Updated
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By Anonymous MCA industry contributor Research, writing and editorial review · MCA sales background
A Fundkite lawsuit search usually lands on New York litigation naming AKF Inc. d/b/a Fundkite (sometimes styled AKF, Inc.), not a statewide Attorney General enforcement caption. The clearest merchant-side published signal is Ontario County’s January 7, 2022 decision in American Water Restoration, Inc. v. AKF Inc., 2022 NY Slip Op 50030(U), 74 Misc 3d 1203(A). That plenary action attacked a confession of judgment on a revenue purchase agreement: the court denied the merchants’ preliminary-injunction motion and granted Fundkite’s motion to dismiss, treating the reconciliation clause as mandatory and finding the usury challenge time-barred under CPLR 215 (6). Later New York County Slip Opinions show a different posture: Fundkite as petitioner confirming arbitration awards or taking default/inquest judgments on RPA accounts (Hog Wild, Avanti, Pattern Medical). This page sticks to those Slip Opinions. It is not a prediction about your file.
Editorial update: 2026-10-27 · Desk research of published Ontario County and New York County Slip Opinions. Not legal advice.
Quick answer
| Item | Public record |
|---|---|
| Lead merchant-side case | American Water Restoration, Inc. v. AKF Inc. d/b/a Fundkite, 2022 NY Slip Op 50030(U), 74 Misc 3d 1203(A) (Sup Ct, Ontario County Jan. 7, 2022) (Odorisi, J.), Index No. 130145-2021 |
| AWR outcome | Merchants’ PI denied; Fundkite’s CPLR 3211 dismissal granted (CPLR 3218 attack failed; usury theory failed on reconciliation + CPLR 215 (6) limitations) |
| Related Fundkite-as-petitioner cases | AKF Inc. v. Hog Wild Gulf Shores, LLC, 2024 NY Slip Op 32851(U); AKF Inc. v. Avanti Health Link LLC, 2024 NY Slip Op 32899(U); AKF, Inc. v. A Pattern Med. Clinic, P.C., 2023 NY Slip Op 34449(U) |
| Entity names on papers | AKF Inc. / AKF, Inc. / Fundkite (d/b/a) |
| Core dispute pattern | Merchant plenary attacks on COJs and RPAs, plus Article 75 arbitration confirmation / default-inquest collection practice |
Soft next step if papers name AKF, Fundkite, or a related confession or arbitration filing: read the caption, county, and any return date before treating a summary as your deadline. You can request a free consultation from Coastal Debt Resolve (Get a free review). Comparing providers? See our Business Debt Insider review.
What American Water Restoration held
Ontario County Supreme Court described a plenary action attacking a confession of judgment entered on a merchant cash advance / revenue purchase agreement. Pending were (1) plaintiffs’ motion for a preliminary injunction to stop collection and (2) Fundkite’s cross-motion to dismiss (or for summary judgment). Outcome: PI denied; dismissal granted.
CPLR 3218 confession attack failed
Plaintiffs argued the COJ affidavit did not satisfy CPLR 3218 (a). The court held that, even assuming standing, the Ontario County Clerk filing complied: it referenced residences, the sum, and the agreement’s main terms and date. An inaccurate purchase amount in a party affidavit did not affect the actual judgment amount and was treated as legally inconsequential on that record. The court also noted that a CPLR 3218 COJ is intended to protect creditors of a defendant, not the defendant itself (Cash and Carry Filing Serv., LLC v. Perveez).
Usury / loan theory failed on mandatory reconciliation (and then on limitations)
On the preliminary-injunction likelihood-of-success analysis, the court applied the familiar purchase-versus-loan framing and focused on reconciliation. The RPA’s reconciliation clause used mandatory “shall” language: either side could request a monthly reconciliation; after verification of bank statements, Fundkite shall credit or debit so that the prior month’s debits equal the specified percentage of actual receipts, and shall adjust the alternative daily amount going forward. The court contrasted that mandatory wording with the discretionary reconciliation provision discussed in AH Wines, Inc. v. C6 Capital Funding, LLC, and held the agreement was not shown to be a usurious loan by clear and convincing evidence. Without a usurious loan, Adar Bays was treated as inapplicable on that record.
Separately, on Fundkite’s CPLR 3211 (a) dismissal motion, the court followed Kennard Law P.C. v. High Speed Capital LLC and applied the one-year limitations period in CPLR 215 (6) for an action to recover an overcharge of interest. Fundkite argued the period lapsed in February 2020; the plenary action was commenced August 2, 2021 and was therefore time-barred. Plaintiffs’ attempt to stretch the clock through CPLR 5015 (a) (3) failed because 5015 is a motion vehicle, the complaint did not plead fraud with CPLR 3016 (b) specificity, and the six-year fraud limitations path was not available on that pleading.
Important limit: AWR is one Ontario County dismissal. It does not cancel every Fundkite agreement, invent a refund program, or pause someone else’s ACH or arbitration track.
Related New York County signals: Fundkite as petitioner
Hog Wild: arbitration award confirmed; PI denied as academic
In AKF Inc. d/b/a Fundkite v. Hog Wild Gulf Shores, LLC, 2024 NY Slip Op 32851(U) (Sup Ct, NY County Aug. 13, 2024) (Ally, J.), Index No. 656005/2023, Fundkite first sought a CPLR 7502 (c) preliminary injunction in aid of arbitration to restrain bank accounts, then moved under CPLR 7510 to confirm a final arbitration award after respondents did not appear.
The August 22, 2023 RPA described a nonrecourse cash advance in which Hog Wild sold $156,100 of future receipts for $111,500 less fees, with a daily delivery of $929.17 and monthly reconciliation, plus arbitration before Mediation and Civil Arbitration, Inc. (MCA) or JAMS. After alleged stopped-payment declines beginning November 13, 2023, an MCA final award issued April 24, 2024 for $128,164.70 inclusive of costs.
The court granted confirmation of that award (judgment for $128,164.70 plus 9% interest from April 24, 2024) and denied the injunction motion as academic once a final award existed, vacating the temporary restraining order from the signed OSC. Money damages were treated as an inadequate basis for continuing provisional restraint under § 7502 (c) on that record.
Avanti: default inquest damages
In AKF Inc. d/b/a Fundkite v. Avanti Health Link LLC, 2024 NY Slip Op 32899(U) (Sup Ct, NY County Aug. 14, 2024) (Morales-Minerva, J.), Index No. 650087/2021, the court held an inquest after a default judgment on an October 6, 2020 revenue purchase agreement. Evidence included a wire of $41,959.00 to Avanti and a payment ledger totaling $23,182.54 from October through December 2020. The court directed entry of judgment for $49,944.32 plus interest from December 17, 2020 and costs (purchase amount $62,338.00, less payments, plus a default fee described in the opinion).
Pattern Medical: settlement enforcement after an arbitration-aid restraint
In AKF, Inc. d/b/a Fundkite v. A Pattern Med. Clinic, P.C., 2023 NY Slip Op 34449(U) (Sup Ct, NY County Dec. 18, 2023) (Edwards, J.), Index No. 650708/2023, Fundkite moved to enforce a March 20, 2023 settlement after an earlier April 2023 preliminary injunction in aid of arbitration had restrained Regions Bank funds up to $60,530.48 (bank restrained $6,000). The RPA (Oct. 18, 2022) claim was framed at $75,454.90. The settlement called for $65,000 total, with a default path back to the higher judgment figure. The amended December decision granted enforcement without opposition.
How this differs from Argus / Reliable Fast Cash / Richmond pages on this site
| Page | Typical public record |
|---|---|
| Argus Capital lawsuit | Fourth Department pleading-stage affirmance where usury-as-loan survived dismissal on illusory-reconciliation allegations |
| Reliable Fast Cash lawsuit | Richmond County Misc 3d: usury/fraud DJ dismissed; unjust enrichment survived |
| Richmond Capital lawsuit | NY AG Executive Law § 63(12) case plus related First Department opinions |
| This Fundkite page | Ontario County merchant COJ plenary dismissed (mandatory reconciliation + CPLR 215 (6)), plus New York County Article 75 / default-inquest collection Slip Ops |
If your papers show Fundkite as the plaintiff or petitioner collecting under an RPA or confirming an arbitration award, do not assume AWR’s dismissal posture is your posture. Read your index number and relief requested.
What to do if Fundkite / AKF appears on your papers
- Confirm the exact entity (AKF Inc., AKF, Inc., Fundkite, or another caption name) and the county / index number.
- If you see a confession of judgment, judgment by confession, Article 75 petition, or arbitration demand (MCA / Rapid Ruling / JAMS), calendar counsel review immediately. Settlement-company sales scripts are not a substitute for vacatur, confirmation, or bankruptcy deadlines.
- Preserve the RPA, remittance history, any reconciliation request you sent, bank stop-payment notices, and any arbitration award or COJ papers. AWR turns heavily on reconciliation wording and limitations; Hog Wild turns on award confirmation and whether provisional restraint is still live.
- Do not treat an Ontario County dismissal in someone else’s plenary action as proof your agreement is ironclad, and do not treat a confirmed arbitration award in someone else’s case as your balance due.
- If you are still pre-suit and exploring negotiated business-debt options, evaluate providers in writing. If a judgment, levy, freeze, arbitration award, or bankruptcy filing is already in play, start with licensed counsel in the relevant jurisdiction.
Soft dual options after that literacy check (negotiation path only; neither is a law firm):
- Coastal Debt Resolve · Get a free review (Settlement CTA path used on this site, including the Coastal MCA Settlement Reviews landing page when that campaign is active)
- Business Debt Insider review
FAQ
Did AWR rule that every Fundkite deal is a true sale?
No. It held that on that record the merchants did not show a usurious loan by clear and convincing evidence because reconciliation used mandatory “shall” language, and that the plenary usury/overcharge theory was also time-barred under CPLR 215 (6). Other contracts can look different.
Does a confirmed Fundkite arbitration award mean I have no defenses?
No. Confirmation under CPLR 7510 is a summary process once an award is final and unvacated. Whether your own award (if any) was properly served, timed, or subject to CPLR 7511 vacatur depends on your file, not on Hog Wild.
Why do some captions say AKF and others say Fundkite?
Published opinions typically caption AKF Inc. or AKF, Inc. d/b/a Fundkite. Check the exact judgment debtor / respondent name on your papers before assuming a match.
Is this the same as the Richmond Capital AG case?
No. Richmond coverage on this site centers on People v. Richmond Capital Group. AWR cites NRO Boston LLC v. Yellowstone Capital LLC only in the limitations discussion; it is not an AG enforcement opinion.
Should I ignore a Fundkite collection letter or arbitration demand because of these opinions?
No. A dismissal or confirmation in someone else’s case does not pause ACH pulls, lawsuits, bank restraints, or arbitration on your account.
Related funder lawsuit pages
Fundkite's petitions are easier to read against the broader set of funder cases in our MCA lawsuit tracker.
- Seamless Capital Group lawsuit
- Reliable Fast Cash lawsuit
- Argus Capital lawsuit
- Byzfunder lawsuit
- Richmond Capital lawsuit
- Yellowstone Capital lawsuit
- Cloudfund lawsuit
- Kapitus lawsuit
- CFG Merchant Solutions lawsuit
- What is MCA settlement?
- True Business Funding lawsuit
- Unique Funding Solutions lawsuit
- LG Funding lawsuit
- Principis Capital lawsuit
- Crystal Springs Capital lawsuit
- Apollo Funding lawsuit
- Spin Capital lawsuit
- Diesel Funding lawsuit
- Samson MCA lawsuit
- Merchant cash advance lawsuit hub
- MCA settlement industry news
Related reading
- MCA lawsuit first 30 days
- MCA confession of judgment
- Frozen account MCA funder
- Merchant cash advance lawsuit hub
- Funder profiles index
Sources checked October 27, 2026
Desk research only. We did not contact AKF / Fundkite for this update, and we did not review any merchant’s private claim file. This is not a complete litigation search or a prediction about your case.
- NY Courts reporter: American Water Restoration, Inc. v. AKF Inc., 2022 NY Slip Op 50030(U)
- NY Courts reporter PDF: AKF Inc. v. Hog Wild Gulf Shores, LLC, 2024 NY Slip Op 32851(U)
- NY Courts reporter PDF: AKF Inc. v. Avanti Health Link LLC, 2024 NY Slip Op 32899(U)
- NY Courts reporter PDF: AKF, Inc. v. A Pattern Med. Clinic, P.C., 2023 NY Slip Op 34449(U)
- Internal contrast: Argus Capital lawsuit (usury survived on illusory reconciliation); Reliable Fast Cash lawsuit (usury DJ dismissed; unjust enrichment survived)
Takeaway
Treat “Fundkite lawsuit” search intent primarily through American Water Restoration: a merchant plenary COJ attack that lost on mandatory reconciliation wording and a CPLR 215 (6) limitations dismissal, then pair that with New York County collection patterns (Hog Wild award confirmation with PI denied as academic; Avanti default inquest; Pattern Medical settlement enforcement after an arbitration-aid restraint). None of that is a statewide ban, an FTC refund story, or a substitute for reading your own caption.
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