Preview
FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------------------------x
FUNDFI MERCHANT FUNDING, LLC, INDEX NO:
Plaintiff, AFFIDAVIT
-against-
M.J.D NETWORK LLC and MICHEAL JEROME
DURANT,
Defendants.
-----------------------------------------------------------------------------x
STATE OF NY)
COUNTY OF NASSAU) SS.
JULIAN MIDDLETON, being duly sworn, deposes and says:
1. I am the Director of Operations of FUNDFI MERCHANT FUNDING, LLC, the
plaintiff in this action.
2. I submit this affidavit in support of FUNDFI MERCHANT FUNDING, LLC’s
application for a preliminary injunction restraining the funds in all accounts titled to, controlled by
or associated with the defendants, M.J.D NETWORK LLC and MICHEAL JEROME DURANT,
at BANK OF AMERICA, N.A., by up to the sum of $9,457.50 pending the resolution of this action
and for a Temporary Restraining Order granting the same relief pending the hearing and
determination of this application and until further Order of the Court.
3. I make this affidavit based on my personal knowledge of the facts of this matter as
well as my review of the business records of Plaintiff.
4. As Director of Operations, I am a custodian of Plaintiff’s records and I know the
business practices and procedures of Plaintiff, including those for making, maintaining, and using
business records. One of my duties in this position is to review Plaintiff’s records relating to the
1 of 5
FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022
accounts and transactions that are in default. I am familiar with these records and work with them
on a daily basis. It is the regular course of the business of Plaintiff to make its business records,
which are made at or about the time of the event or transaction recorded, either automatically by
computer, or by employees under a duty to make the records, all pursuant to the established
procedures of Plaintiff. The business records of Plaintiff are not prepared for litigation but rather
because they are needed and relied on in performance of the business functions of Plaintiff. As
part of my duties, and in the regular course of the business of Plaintiff, I reviewed the records of
the subject account with Defendants to verify the contents of this affidavit.
5. This is an action for breach of contract (the “Contract”) by the business defendant,
and breach of the personal guarantee of the Contract (the “Guarantee”) by the individual
codefendant(s). A true and accurate copy of the Contract with Guarantee is attached as Exhibit 1.
6. On or about February 17, 2022, the parties entered into the Contract whereby M.J.D
NETWORK LLC (the “Corporate Defendant”) sold to Plaintiff its future receipts having a value
of $29,000.00 (“Receivables”) for the sum of $20,000.00 (“Purchase Price”), which Receivables
were to be paid to Plaintiff pursuant to a payment schedule set forth in the Contract. The individual
codefendant(s) executed a Personal Guaranty of Performance of all the obligations of the
Corporate Defendant set forth in the Contract. A copy of the Contract with Guaranty is annexed
as Exhibit 1 to the summon and verified complaint.
7. The Corporate Defendant agreed that in the event of its default under the Contract,
such as the one alleged in the complaint, the full uncollected Receivables plus all fees due under
the Contract (as a result of the default) would become immediately due and payable in full to
Plaintiff.
2 of 5
FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022
8. Upon Plaintiff’s receipt of the executed Contract and pursuant to its terms, Plaintiff
paid to the Corporate Defendant the Purchase Price.
9. On or about August 12, 2022, the Corporate Defendant materially breached the
terms of the Contract by instructing their bank to stop payment on all of Plaintiff’s debits to the
account so that Plaintiff could not collect the amount of Receivables due under the Contract and
thereby defaulted under the terms of the Contract.
10. By reason of the foregoing, Plaintiff has been damaged as a result of the above-
described default and seeks recovery from M.J.D NETWORK LLC and MICHEAL JEROME
DURANT, jointly and severally, in an amount of no less than $9,457.50 with interest thereon from
August 12, 2022. Attached as Exhibit 2 is a true and accurate copy of Plaintiff’s payment record
which shows Defendant’s payment history and outstanding balance at the time of default. The
payment record is created and maintained in the ordinary course of Plaintiff’s business and not for
the purpose of litigation and I am one of its custodians.
11. Following Defendant’s aforesaid default, Plaintiff demanded payment of
Defendants with a statement of account setting forth the unpaid balance and demanded payment
thereof.
12. Defendants failed to make payment and did not request any reconciliation of the
payments made under the Contract.
13. The defendants have refused or otherwise ignored Plaintiff’s attempts to resolve
this matter.
14. Accordingly, Plaintiff declared Defendants in breach of the Contract and default on
or about August 12, 2022.
3 of 5
FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022
15. The Contract and Guarantee both contain provisions (in Paragraph 3.2 B of the
Contract) which I am advised authorize the Court to issue a temporary restraining Order restraining
the Defendants’ bank accounts on an application without notice and without the requirement of
any bond or undertaking.
16. If the Defendants’ bank accounts are not restrained immediately, there will be no
assets left to satisfy a final judgment.
17. The final judgment to which Plaintiff may be entitled will be rendered ineffectual
without the interim relief requested herein.
18. Plaintiff anticipates that it will obtain a final judgment for at least $9,457.50,
consisting of the outstanding balance due and default fees specified in the Contract. Below is a
breakdown of the applicable fees included in the amount claimed:
a. Defendants’ delivered to Plaintiff Receivables totaling the sum of
$29,000.00 thereby leaving a remaining balance of $9,212.50.
b. Pursuant to the Contract (Appendix A-The Fee Structure), as a result of their
default, Defendants owe Plaintiff the additional sums of $195.00 as a UCC Filing
Fee and $50.00 per Non-sufficient fee as an additional sum of $50.00.
c. Accordingly, Defendants owe Plaintiff the total sum of $9,457.50 with
interest from the default date of August 12, 2022.
19. Defendants have or had at least one bank account with BANK OF AMERICA,
N.A..
20. Accordingly, Plaintiff requests the issuance of a preliminary injunction restraining
all funds in any account at BANK OF AMERICA, N.A. which is titled to, controlled by or
otherwise associated with any of the defendants, specifically including the BANK OF AMERICA,
4 of 5
FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022
N.A. account ending in -4667, by up to the amount of $9,457.50 pending the resolution of this
action and untilfurther Order of thisCourt, as well as a temporary restraining Order granting the
same reliefpending the hearing and determination of thisapplication
21. In the Addendum to Contract Waiver of Personal Service (the "Addendum"), each
of the defendants consented to service of process by email addressed to the Email Address listed
on the firstpage of the Contract. See page 12 of the Contract.
22. Accordingly, service of the Order to Show Cause and accompanying papers should
be permitted to be made upon the defendants by email addressed to the Email Address listed on
the firstpage of the Contract.
23. No prior application was made for thisrelief.
EIAN MldbLETO
SWORN TO BEFORE ME THIS
DAY OF , 20 2-Z
NOTARY PUBLIC
Mohan D. Buxani
Public Stateof NewYork
Notary
RegistrationNo 01BU6266896
Quahfied in New York County
Commission Expires Aug 6, 2024
5 of 5
Preview
FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------------------x FUNDFI MERCHANT FUNDING, LLC, INDEX NO: Plaintiff, AFFIDAVIT -against- M.J.D NETWORK LLC and MICHEAL JEROME DURANT, Defendants. -----------------------------------------------------------------------------x STATE OF NY) COUNTY OF NASSAU) SS. JULIAN MIDDLETON, being duly sworn, deposes and says: 1. I am the Director of Operations of FUNDFI MERCHANT FUNDING, LLC, the plaintiff in this action. 2. I submit this affidavit in support of FUNDFI MERCHANT FUNDING, LLC’s application for a preliminary injunction restraining the funds in all accounts titled to, controlled by or associated with the defendants, M.J.D NETWORK LLC and MICHEAL JEROME DURANT, at BANK OF AMERICA, N.A., by up to the sum of $9,457.50 pending the resolution of this action and for a Temporary Restraining Order granting the same relief pending the hearing and determination of this application and until further Order of the Court. 3. I make this affidavit based on my personal knowledge of the facts of this matter as well as my review of the business records of Plaintiff. 4. As Director of Operations, I am a custodian of Plaintiff’s records and I know the business practices and procedures of Plaintiff, including those for making, maintaining, and using business records. One of my duties in this position is to review Plaintiff’s records relating to the 1 of 5 FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022 accounts and transactions that are in default. I am familiar with these records and work with them on a daily basis. It is the regular course of the business of Plaintiff to make its business records, which are made at or about the time of the event or transaction recorded, either automatically by computer, or by employees under a duty to make the records, all pursuant to the established procedures of Plaintiff. The business records of Plaintiff are not prepared for litigation but rather because they are needed and relied on in performance of the business functions of Plaintiff. As part of my duties, and in the regular course of the business of Plaintiff, I reviewed the records of the subject account with Defendants to verify the contents of this affidavit. 5. This is an action for breach of contract (the “Contract”) by the business defendant, and breach of the personal guarantee of the Contract (the “Guarantee”) by the individual codefendant(s). A true and accurate copy of the Contract with Guarantee is attached as Exhibit 1. 6. On or about February 17, 2022, the parties entered into the Contract whereby M.J.D NETWORK LLC (the “Corporate Defendant”) sold to Plaintiff its future receipts having a value of $29,000.00 (“Receivables”) for the sum of $20,000.00 (“Purchase Price”), which Receivables were to be paid to Plaintiff pursuant to a payment schedule set forth in the Contract. The individual codefendant(s) executed a Personal Guaranty of Performance of all the obligations of the Corporate Defendant set forth in the Contract. A copy of the Contract with Guaranty is annexed as Exhibit 1 to the summon and verified complaint. 7. The Corporate Defendant agreed that in the event of its default under the Contract, such as the one alleged in the complaint, the full uncollected Receivables plus all fees due under the Contract (as a result of the default) would become immediately due and payable in full to Plaintiff. 2 of 5 FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022 8. Upon Plaintiff’s receipt of the executed Contract and pursuant to its terms, Plaintiff paid to the Corporate Defendant the Purchase Price. 9. On or about August 12, 2022, the Corporate Defendant materially breached the terms of the Contract by instructing their bank to stop payment on all of Plaintiff’s debits to the account so that Plaintiff could not collect the amount of Receivables due under the Contract and thereby defaulted under the terms of the Contract. 10. By reason of the foregoing, Plaintiff has been damaged as a result of the above- described default and seeks recovery from M.J.D NETWORK LLC and MICHEAL JEROME DURANT, jointly and severally, in an amount of no less than $9,457.50 with interest thereon from August 12, 2022. Attached as Exhibit 2 is a true and accurate copy of Plaintiff’s payment record which shows Defendant’s payment history and outstanding balance at the time of default. The payment record is created and maintained in the ordinary course of Plaintiff’s business and not for the purpose of litigation and I am one of its custodians. 11. Following Defendant’s aforesaid default, Plaintiff demanded payment of Defendants with a statement of account setting forth the unpaid balance and demanded payment thereof. 12. Defendants failed to make payment and did not request any reconciliation of the payments made under the Contract. 13. The defendants have refused or otherwise ignored Plaintiff’s attempts to resolve this matter. 14. Accordingly, Plaintiff declared Defendants in breach of the Contract and default on or about August 12, 2022. 3 of 5 FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022 15. The Contract and Guarantee both contain provisions (in Paragraph 3.2 B of the Contract) which I am advised authorize the Court to issue a temporary restraining Order restraining the Defendants’ bank accounts on an application without notice and without the requirement of any bond or undertaking. 16. If the Defendants’ bank accounts are not restrained immediately, there will be no assets left to satisfy a final judgment. 17. The final judgment to which Plaintiff may be entitled will be rendered ineffectual without the interim relief requested herein. 18. Plaintiff anticipates that it will obtain a final judgment for at least $9,457.50, consisting of the outstanding balance due and default fees specified in the Contract. Below is a breakdown of the applicable fees included in the amount claimed: a. Defendants’ delivered to Plaintiff Receivables totaling the sum of $29,000.00 thereby leaving a remaining balance of $9,212.50. b. Pursuant to the Contract (Appendix A-The Fee Structure), as a result of their default, Defendants owe Plaintiff the additional sums of $195.00 as a UCC Filing Fee and $50.00 per Non-sufficient fee as an additional sum of $50.00. c. Accordingly, Defendants owe Plaintiff the total sum of $9,457.50 with interest from the default date of August 12, 2022. 19. Defendants have or had at least one bank account with BANK OF AMERICA, N.A.. 20. Accordingly, Plaintiff requests the issuance of a preliminary injunction restraining all funds in any account at BANK OF AMERICA, N.A. which is titled to, controlled by or otherwise associated with any of the defendants, specifically including the BANK OF AMERICA, 4 of 5 FILED: NASSAU COUNTY CLERK 08/22/2022 02:51 PM INDEX NO. 611096/2022 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/22/2022 N.A. account ending in -4667, by up to the amount of $9,457.50 pending the resolution of this action and untilfurther Order of thisCourt, as well as a temporary restraining Order granting the same reliefpending the hearing and determination of thisapplication 21. In the Addendum to Contract Waiver of Personal Service (the "Addendum"), each of the defendants consented to service of process by email addressed to the Email Address listed on the firstpage of the Contract. See page 12 of the Contract. 22. Accordingly, service of the Order to Show Cause and accompanying papers should be permitted to be made upon the defendants by email addressed to the Email Address listed on the firstpage of the Contract. 23. No prior application was made for thisrelief. EIAN MldbLETO SWORN TO BEFORE ME THIS DAY OF , 20 2-Z NOTARY PUBLIC Mohan D. Buxani Public Stateof NewYork Notary RegistrationNo 01BU6266896 Quahfied in New York County Commission Expires Aug 6, 2024 5 of 5