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Novus Capital Funding Ii Llc v. Vip Masonry Corp, Afonso N. Viana
A Commercial - Contract case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of New York County. Judge Gerald Lebovits presiding.
Case Details
Case Number
Filing Date
September 26, 2023
Last Refreshed
January 29, 2024
Filing Location
New York County, NY
Category
Commercial - Contract
Practice Area
Commercial
Matter Type
Breach of Contract
Overview
This is an action to recover debts owed to Novus Capital by VIP Masonry Corp
(“VIP Masonry”) and Afonso N. Viana (“Mr. Viana”) (collectively “Defendants”).
Upon information and belief, VIP Masonry Corp is in the business of providing
commercial products and services.
Mr. Viana, on behalf of himself doing business under the name VIP Masonry Corp,
approached Novus Capital for funding to help expand VIP Masonry’s business.
On or about August 7, 2023, Novus Capital provided $25,000.00 in funding to VIP
Masonry in exchange for the right to $37,475.00 of VIP Masonry’s future revenue.
Under a Revenue Purchase Agreement (the “RPA”), VIP Masonry promised and
covenanted to pay a portion of its future revenue to Novus Capital until the full amount of Novus
Causes of Action
1. Breach of Contract
2. Breach of Guaranty
3. Costs and Attorney’s Fees
Case Complaint Summary
This complaint was filed by Novus Capital Funding II LLC against VIP Masonry Corp and Afonso N. Viana. Novus Capital provided $25,000.00 in funding to VIP Masonry in exchange for the right to $37,475.00 of VIP Masonry's future revenue. VIP Masonr…...
Parties
Plaintiffs
Novus Capital Funding Ii Llc
Attorneys for Plaintiffs
Austin, David Joseph
Defendants
Afonso N. Viana
Vip Masonry Corp
Attorneys for Defendants
Dale, Dominick R.
Case Documents
MEMORANDUM OF LAW IN REPLY
Date: Oct 26, 2023
MEMORANDUM OF LAW IN OPPOSITION
Date: Oct 20, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT
Date: Oct 12, 2023
DEMAND FOR:
Date: Oct 12, 2023
NOTICE OF MOTION (Motion 002)
Date: Oct 12, 2023
DEMAND FOR:
Date: Oct 12, 2023
DEMAND FOR:
Date: Oct 12, 2023
DEMAND FOR:
Date: Oct 12, 2023
DEMAND FOR BILL OF PARTICULARS
Date: Oct 12, 2023
ANSWER WITH COUNTER-CLAIM(S)
Date: Oct 12, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE
Date: Oct 06, 2023
ORDER TO SHOW CAUSE (AMENDED)
Date: Oct 05, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 001)
Date: Oct 04, 2023
LETTER / CORRESPONDENCE TO JUDGE (Motion 001)
Date: Oct 04, 2023
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion 001)
Date: Oct 04, 2023
ORDER TO SHOW CAUSE
Date: Sep 29, 2023
AFFIDAVIT OF FACTS
Date: Sep 26, 2023
EXHIBIT(S) - A Revenue Purchase Agreement Redactedper 22 NYCRR
Date: Sep 26, 2023
SUMMONS COMPLAINT
Date: Sep 26, 2023
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION
Date: Sep 26, 2023
MEMORANDUM OF LAW IN SUPPORT
Date: Sep 26, 2023
RJI -RE: ORDER TO SHOW CAUSE
Date: Sep 26, 2023
EXHIBIT(S) - B
Date: Sep 26, 2023
ORDER TO SHOW CAUSE - ACCOMPANYING COMMENCEMENT DOC(S) (PROPOSED)
Date: Sep 26, 2023Case Events
| Date | Type | Description | |
|---|---|---|---|
| October 26, 2023 | MEMORANDUM OF LAW IN REPLY | ||
| October 20, 2023 | MEMORANDUM OF LAW IN OPPOSITION | ||
| October 12, 2023 | AFFIDAVIT OR AFFIRMATION IN SUPPORT | ||
| October 12, 2023 |
DEMAND FOR: DISCOVERY AND INSPECTION |
||
| October 12, 2023 |
NOTICE OF MOTION (Motion #002) MOTION TO DISMISS |
||
| October 12, 2023 |
DEMAND FOR: MEET IN PERSON AND CONFERENCE |
||
| October 12, 2023 |
DEMAND FOR: DEPOSITION |
||
| October 12, 2023 |
DEMAND FOR: COMMUNICATION |
||
| October 12, 2023 | DEMAND FOR BILL OF PARTICULARS | ||
| October 12, 2023 | ANSWER WITH COUNTER-CLAIM(S) | ||
| October 06, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affirmation of Additional Service Pursuant to 3215(g) |
||
| October 05, 2023 | ORDER TO SHOW CAUSE (AMENDED) | ||
| October 04, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Affirmation of Service of Order to Show Cause with TRO |
||
| October 04, 2023 |
LETTER / CORRESPONDENCE TO JUDGE (Motion #001) Letter Requesting Adjournment of Return Date |
||
| October 04, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #001) Affirmation of Service by Email and Certified Mail |
||
| September 29, 2023 | ORDER TO SHOW CAUSE | ||
| September 26, 2023 | Affidavit of Facts in Support of Order to Show Cause | ||
| September 26, 2023 |
EXHIBIT(S) - A Revenue Purchase Agreement Redacted per 22 NYCRR Revenue Purchase Agreement Redacted |
||
| September 26, 2023 | SUMMONS + COMPLAINT | ||
| September 26, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION Attorney Affirmation in Support of Order to Show Cause |
||
| September 26, 2023 | Memorandum of Law in Support of Order to Show Cause | ||
| September 26, 2023 | RJI -RE: ORDER TO SHOW CAUSE | ||
| September 26, 2023 |
EXHIBIT(S) - B Payment History |
||
| September 26, 2023 | ORDER TO SHOW CAUSE - ACCOMPANYING COMMENCEMENT DOC(S) (PROPOSED) |
