Preview
FILED: NASSAU COUNTY CLERK 03/11/2020 07:25 PM INDEX NO. 600001/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/11/2020
NOTICE OF IMPENDING DEFAULT JUDGMENT
February 12, 2020
INTERNATIONAL AUTOS INC DBA AUTO MALL USA
8413 HIghway 6
Houston, Texas 77083
MIKAL RAYMOND JAMES LEWIS
11322 Bay Cedar
Houston, Texas 77048
Re: ALPHA CAPITAL SOURCE INC v. INTERNATIONAL AUTOS INC DBA AUTO MALL USA and MIKAL
RAYMOND JAMES LEWIS ,
NYS Supreme Court, NASSAU County, Index No.: 600001/2020
To All:
Attached hereto is a true and exact copy of the: (i) the Summons; (ii) Verified Complaint; and (iii) Notice of Commencement
of Action Subject to Mandatory Electronic Filing, that were previously served on:
• INTERNATIONAL AUTOS INC DBA AUTO MALL and
USA;
• MIKAL RAYMOND JAMES LEWIS
This notice is being served upon you pursuant to CPLR 3215.
.
Jacob Verstandig, Esq.
Law Offices of Jacob Verstandig PLLC
1459 East 13th Street
Brooklyn, New York 11230
Phone: (646) 397-1972
Email: jv@verstandiglawfirm.com
Enclosure
1 of 11
FILED: NASSAU COUNTY CLERK 03/11/2020 07:25 PM INDEX NO. 600001/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/11/2020
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600001/2020
COUNTY OF NASSAU
ALPHA CAPITAL SOURCE INC,
Plaintiff, AFFIRMATION
-against- OF SERVICE
INTERNATIONAL AUTOS INC DBA AUTO MALL USA and
MIKAL RAYMOND JAMES LEWIS ,
Defendants.
Jacob Verstandig, an attorney at law, duly authorized to practice in New York, affirms under penalty of perjury, the
following:
I am the attorney for Plaintiff in this action and my office is located at 1459 East 13th Street Brooklyn, New York
11230. My email address is jv@verstandiglawfirm.com . My office phone # is (646) 397-1972.
On February 13, 2020, I served
the within Notice of Impending Default Judgment on the entity(ies) and individual(s)
listed below by depositing a true copy of same on the date hereof, enclosed postpaid envelopes in an official depository
under the exclusive care and custody of the United States Postal Service in New York County within New York State .
The postpaid envelopes did not indicate that they were from an attorney or concerned an alleged debt and, if it was to
an individual, was marked Personal and Confidential.
Dated: February 14, 2020
Brooklyn, New York Jacob erstandig, Esq.
Law Offices of Jacob Verstandig PLLC
1459 East 13th Street
Brooklyn, New York 11230
Phone: (646) 397-1972
Email: jv@verstandiglawfirm.com
INTERNATIONAL AUTOS INC DBA AUTO MALL USA,
8413 Highway 6, Houston, Texas 77083
MIKAL RAYMOND JAMES LEWIS,
11322 Bay Cedar
Houston, Texas 77048
2 of 11
FILED:: NASSAU
(FILED NASSAU COUNTY
COUNTY CLERK
CLERK 03/11/2020
12/31/2019 07:25
04 : 02 PM INDEX
INDEX NO.
NO. 600001/2020
600001/2020
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/11/2020
12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ALPHA CAPITAL SOURCE INC, Index No.:
Plaintiff,
-against- SUMMONS
INTERNATIONAL AUTOS INC DBA AUTO MALL Plaintiff's address is
USA and 622 East 8th street
MIKAL RAYMOND JAMES LEWIS , Brooklyn, New York 11218
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the
address stated below, an answer to the attached complaint. If this summons was personally
delivered upon you in the State of New York, the answer must be served within twenty days after
such service of the summons, excluding the date of service. If the summons was not personally
delivered to you within the State of New York, the answer must be served within thirty days after
service of the summons is complete as provided by law.
If you do not serve an answer to the attached complaint within the applicable time
limitation stated above, a judgment may be entered against you, by default, for the relief demanded
in the complaint, without further notice to you.
The basis for venue is pursuant to the Contract entered into between the parties.
Dated: Brooklyn, New York
December 31, 2019
The nature of this action is breach of contract.
The relief sought is money damages.
acob V rstandig, Esq.
The Law Offices of Jacob Verstandig PLLC
Attorney for Plaintiff
Type text here 1459 East 13th Street
Brooklyn, New York 11230
Phone: (646) 397-1972
Email: jv@verstandiglawfirm.com
Defendants to be served:
INTERNATIONAL AUTOS INC DBA AUTO MALL USA,
8413 Highway 6 S, Houston, Texas 77083
MIKAL RAYMOND JAMES LEWIS,
11322 Bay Cedar, Houston, TX 77048
31 of
of 11
9
FILED:: NASSAU
(FILED NASSAU COUNTY
COUNTY CLERK
CLERK 03/11/2020
12/31/2019 07:25
04 : 02 PM INDEX
INDEX NO.
NO. 600001/2020
600001/2020
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/11/2020
12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ALPHA CAPITAL SOURCE INC, Index No.:
Plaintiff,
-against- VERIFIED
COMPLAINT
INTERNATIONAL AUTOS INC DBA AUTO MALL USA
and
MIKAL RAYMOND JAMES LEWIS ,
Defendants.
Plaintiff ALPHA CAPITAL SOURCE INC ("Plaintiff'), by its attorney, Jacob Verstandig,
Esq., for its complaint herein against INTERNATIONAL AUTOS INC DBA AUTO MALL USA
("Company Defendant") and MIKAL RAYMOND JAMES LEWIS ("Individual Guarantor")
(Company Defendant and Guarantor shall be collectively referred to as "Defendants"), alleges as
follows:
The Parties
1. At all relevant times, Plaintiff was and is a Corporation organized under the laws of
the State of New York.
2. Upon information and belief, at all relevant times, Company Defendant was and is
a company organized and existing under the laws of the State of Texas.
3. Upon information and belief, at all relevant times, individual Guarantor was and is
an individual residing in the State of Texas.
4. Individual Guarantor is the owner, principal, and/or manager of Company
Defendant.
The Facts
5. On or about August 02, 2019, Plaintiff and Defendants entered into an agreement
(the "Agreement") whereby Plaintiff agreed to purchase rights to Company Defendant's future
receivables having an agreed upon value of $22,185.00.
1
42 of
of 11
9
FILED:: NASSAU
(FILED NASSAU COUNTY
COUNTY CLERK
CLERK 03/11/2020
12/31/2019 07:25
04 : 02 PM INDEX
INDEX NO.
NO. 600001/2020
600001/2020
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/11/2020
12/31/2019
6. Pursuant to the Agreement, Company Defendant agreed to exclusively use one
bank account approved by Plaintiff (the "Account") into which the Company Defendant agreed to
deposit all of its receipts and from which Plaintiff was authorized to make daily ACH withdrawals
until $22,185.00 was fully paid to Plaintiff.
7. The Agreement provided that in the event Company Defendant used a bank
account other than the Account, closed the Account without prior authorization of Plaintiff, or
otherwise prevented Plaintiff from making the agreed upon ACH withdrawals, the Company
Defendant was in default of the Agreement.
8. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff
from Company Defendant upon Company Defendant's breach in performance of its Agreement
obligations.
9. Plaintiff remitted the purchase price for the future receivables to Company
Defendant as agreed and thereby fulfilled all of its Agreement obligations.
10. On or about September 16, 2019, Company Defendant prevented Plaintiff from
making the agreed upon ACH withdrawals and otherwise defaulted under the terms of the
Agreement by breaching its representations and warranties to Plaintiff in direct violation of the
Agreement.
11. Company Defendant made payments totaling $3,185.56 leaving a balance of
$18,999.44. In addition, pursuant to the Agreement, Company Defendant incurred a default
account fee in the amount of $2,500.00.
12. Additionally, Guarantor is responsible for all amounts incurred as a result of any
default in the Agreement by Company Defendant.
13. There remains a balance due and owing to Plaintiff on the Agreement in the
amount of $21,499.44 plus interest at the statutory rate, costs, disbursements and attorney's fees.
2
of 11
53 of 9
FILED:: NASSAU
(FILED NASSAU COUNTY
COUNTY CLERK
CLERK 03/11/2020
12/31/2019 07:25
04 : 02 PM INDEX
INDEX NO.
NO. 600001/2020
600001/2020
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/11/2020
12/31/2019
AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract)
14. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 13 of this complaint as though fully set forth at length herein.
15. Upon information and belief, Company Defendant is still conducting business
operations and still collecting receivables.
16. During the course of the Agreement, the unpaid sums became due and payable to
Plaintiff, in full as required by Plaintiff or pursuant to the terms of the Agreement in the event of
any action constituting a default or breach of any of covenants or warranties contained in the
Agreement. Any outstanding balance owed by the Company Defendant at the time of default
became immediately due and payable.
17. By reason of the foregoing, Plaintiff has suffered damages in the amount of
$21,499.44, plus interest at the statutory rate, costs, disbursements and attorney's fees.
AS AND FOR A SECOND CAUSE OF ACTION (Breach of Guarantee)
18. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 17 of this complaint as though fully set forth at length herein.
19. Pursuant to the Agreement, Guarantor guaranteed that Company Defendant would
perform its obligations thereunder and that Guarantor would be individually, jointly, and severally
liable for any loss suffered by Plaintiff as a result of a breach by Company Defendant.
20. Company Defendant has breached the Agreement as detailed above.
21. By reason of the foregoing, Plaintiff is entitled to judgement against Guarantor
based on Guarantor's breach of the guarantee in the sum of $21,499.44, plus interest at the
statutory rate, costs, disbursements and attorney's fees.
AS AND FOR A THIRD CAUSE OF ACTION (Unjust Enrichment)
22. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
3
64 of
of 11
9
FILED:: NASSAU
(FILED NASSAU COUNTY
COUNTY CLERK
CLERK 03/11/2020
12/31/2019 07:25
04 : 02 PM INDEX
INDEX NO.
NO. 600001/2020
600001/2020
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/11/2020
12/31/2019
through 21 of this complaint as though fully set forth at length herein.
23. Defendants have been unjustly enriched in that they have received the purchase
price for the future receivables, yet have failed to pay the sum of $21,499.44 pursuant to the
Agreement.
24. By reason of the foregoing, Plaintiff is entitled to judgment against the Defendants
for unjust enrichment in the amount of $21,499.44, plus interest at the statutory rate, costs,
disbursements and attorney's fees.
WHEREFORE, Plaintiff requests judgement against Defendants as follows:
(i) On the first cause of action of the complaint, Plaintiff requests judgement
against Company Defendant in the amount of $21,499.44, plus interest at the
statutory rate, costs, disbursements and attorney's fees;
(ii) On the second cause of action of the complaint, Plaintiff requests
judgement against Guarantor in the amount of $21,499.44, plus interest at the
statutory rate, costs, disbursements and attorney's fees;
(iii) On the third cause of action of the complaint, Plaintiff requests
judgement against Defendants in an amount of $21,499.44, plus interest at the
statutory rate, costs, disbursements and attorney's fees;
(iv) For such other and further relief as this Court deems just and proper.
Dated: Brooklyn, New York
December 31, 2019
.
Jaco Verst dig, Esq.
The Law Offices of Jacob Verstandig PLLC
Attorney for Plaintiff
1459 East 13th Street
Brooklyn, New York 11230
Phone: (646) 397-1972
Email: jv@verstandiglawfirm.com
4
of 11
75 of 9
FILED:
FILED: NASSAU COUNTY
NASSAU COUNTY CLERK
CLERK 03/11/2020
12/31/2019 07:25
04:02 PM
PM|
INDEX
INDEX NO.
NO. 600001/2020
600001/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 4
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/11/2020
12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ALPHA CAPITAL SOURCE INC, Index No.:
Plaintiff,
VERIFICATION BY A PARTY
-against-
INTERNATIONAL AUTOS INC D13A AUTO MAl L
USA and
MlKAL RAY MOND JAMES LEWIS ,
Defendants.
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
YECHIEL MESHI-ZAllAV, being duly sworn states that he is an Authorized OlTicer
of Plaintiff in the within action. 1 have read the foregoing Verified Complaint and know the
contents thereof, the same is true to my own knowledge. except as to matters therein stated to
be alleged on information and belief, and as to those matters, 1 believe them to be true.
The foregoing staten1ents are true under penalties of perjury.
YECIIlEL MESIll-ZAlIAV,
On ] ] 2019, before me personally appeared YECHIEL MESHI-ZAHAV, personally known to me or
proved to me on the basis of satisfactory evidence 10 be the individual whose naine is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the
instrument.
Notary Public, State 'New York
My Commission Expires:
Notary Stamp Seal:
HADASSAHKATZ
NUTAWPUBLIC,STAHOFNBWYORK
Emrimmia•No.01KA644116
WWinNassancomdy
ExpiessNovemburg20
S
of 11
86 of 9
FILED:: NASSAU
(FILED NASSAU COUNTY
COUNTY CLERK
CLERK 03/11/2020
12/31/2019 07:25
04 : 02 PM INDEX
INDEX NO.
NO. 600001/2020
600001/2020
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 41 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/11/2020
12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ALPHA CAPITAL SOURCE INC, Index No.:
Plaintiff,
-against-
INTERNATIONAL AUTOS INC DBA AUTO MALL USA
and
MIKAL RAYMOND JAMES LEWIS ,
Defendants.
NOTICE OF ELECTRONIC FILING (Mandatory Case, Uniform Rule §202.5-bb)
YOU HAVE RECEIVED THIS NOTICE because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
• If you are represented an - Give this Notice to your attorney.
by attorney
Attorneys"
(Attorneys: see "Information for below).
• If you are not represented an attorney: You will be served with all
by
documents in paper and you must serve and file your documents in paper, unless you choose
to participate in e-filing.
Preview
FILED: NASSAU COUNTY CLERK 03/11/2020 07:25 PM INDEX NO. 600001/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/11/2020 NOTICE OF IMPENDING DEFAULT JUDGMENT February 12, 2020 INTERNATIONAL AUTOS INC DBA AUTO MALL USA 8413 HIghway 6 Houston, Texas 77083 MIKAL RAYMOND JAMES LEWIS 11322 Bay Cedar Houston, Texas 77048 Re: ALPHA CAPITAL SOURCE INC v. INTERNATIONAL AUTOS INC DBA AUTO MALL USA and MIKAL RAYMOND JAMES LEWIS , NYS Supreme Court, NASSAU County, Index No.: 600001/2020 To All: Attached hereto is a true and exact copy of the: (i) the Summons; (ii) Verified Complaint; and (iii) Notice of Commencement of Action Subject to Mandatory Electronic Filing, that were previously served on: • INTERNATIONAL AUTOS INC DBA AUTO MALL and USA; • MIKAL RAYMOND JAMES LEWIS This notice is being served upon you pursuant to CPLR 3215. . Jacob Verstandig, Esq. Law Offices of Jacob Verstandig PLLC 1459 East 13th Street Brooklyn, New York 11230 Phone: (646) 397-1972 Email: jv@verstandiglawfirm.com Enclosure 1 of 11 FILED: NASSAU COUNTY CLERK 03/11/2020 07:25 PM INDEX NO. 600001/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/11/2020 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600001/2020 COUNTY OF NASSAU ALPHA CAPITAL SOURCE INC, Plaintiff, AFFIRMATION -against- OF SERVICE INTERNATIONAL AUTOS INC DBA AUTO MALL USA and MIKAL RAYMOND JAMES LEWIS , Defendants. Jacob Verstandig, an attorney at law, duly authorized to practice in New York, affirms under penalty of perjury, the following: I am the attorney for Plaintiff in this action and my office is located at 1459 East 13th Street Brooklyn, New York 11230. My email address is jv@verstandiglawfirm.com . My office phone # is (646) 397-1972. On February 13, 2020, I served the within Notice of Impending Default Judgment on the entity(ies) and individual(s) listed below by depositing a true copy of same on the date hereof, enclosed postpaid envelopes in an official depository under the exclusive care and custody of the United States Postal Service in New York County within New York State . The postpaid envelopes did not indicate that they were from an attorney or concerned an alleged debt and, if it was to an individual, was marked Personal and Confidential. Dated: February 14, 2020 Brooklyn, New York Jacob erstandig, Esq. Law Offices of Jacob Verstandig PLLC 1459 East 13th Street Brooklyn, New York 11230 Phone: (646) 397-1972 Email: jv@verstandiglawfirm.com INTERNATIONAL AUTOS INC DBA AUTO MALL USA, 8413 Highway 6, Houston, Texas 77083 MIKAL RAYMOND JAMES LEWIS, 11322 Bay Cedar Houston, Texas 77048 2 of 11 FILED:: NASSAU (FILED NASSAU COUNTY COUNTY CLERK CLERK 03/11/2020 12/31/2019 07:25 04 : 02 PM INDEX INDEX NO. NO. 600001/2020 600001/2020 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 41 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/11/2020 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ALPHA CAPITAL SOURCE INC, Index No.: Plaintiff, -against- SUMMONS INTERNATIONAL AUTOS INC DBA AUTO MALL Plaintiff's address is USA and 622 East 8th street MIKAL RAYMOND JAMES LEWIS , Brooklyn, New York 11218 Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the address stated below, an answer to the attached complaint. If this summons was personally delivered upon you in the State of New York, the answer must be served within twenty days after such service of the summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint within the applicable time limitation stated above, a judgment may be entered against you, by default, for the relief demanded in the complaint, without further notice to you. The basis for venue is pursuant to the Contract entered into between the parties. Dated: Brooklyn, New York December 31, 2019 The nature of this action is breach of contract. The relief sought is money damages. acob V rstandig, Esq. The Law Offices of Jacob Verstandig PLLC Attorney for Plaintiff Type text here 1459 East 13th Street Brooklyn, New York 11230 Phone: (646) 397-1972 Email: jv@verstandiglawfirm.com Defendants to be served: INTERNATIONAL AUTOS INC DBA AUTO MALL USA, 8413 Highway 6 S, Houston, Texas 77083 MIKAL RAYMOND JAMES LEWIS, 11322 Bay Cedar, Houston, TX 77048 31 of of 11 9 FILED:: NASSAU (FILED NASSAU COUNTY COUNTY CLERK CLERK 03/11/2020 12/31/2019 07:25 04 : 02 PM INDEX INDEX NO. NO. 600001/2020 600001/2020 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 41 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/11/2020 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ALPHA CAPITAL SOURCE INC, Index No.: Plaintiff, -against- VERIFIED COMPLAINT INTERNATIONAL AUTOS INC DBA AUTO MALL USA and MIKAL RAYMOND JAMES LEWIS , Defendants. Plaintiff ALPHA CAPITAL SOURCE INC ("Plaintiff'), by its attorney, Jacob Verstandig, Esq., for its complaint herein against INTERNATIONAL AUTOS INC DBA AUTO MALL USA ("Company Defendant") and MIKAL RAYMOND JAMES LEWIS ("Individual Guarantor") (Company Defendant and Guarantor shall be collectively referred to as "Defendants"), alleges as follows: The Parties 1. At all relevant times, Plaintiff was and is a Corporation organized under the laws of the State of New York. 2. Upon information and belief, at all relevant times, Company Defendant was and is a company organized and existing under the laws of the State of Texas. 3. Upon information and belief, at all relevant times, individual Guarantor was and is an individual residing in the State of Texas. 4. Individual Guarantor is the owner, principal, and/or manager of Company Defendant. The Facts 5. On or about August 02, 2019, Plaintiff and Defendants entered into an agreement (the "Agreement") whereby Plaintiff agreed to purchase rights to Company Defendant's future receivables having an agreed upon value of $22,185.00. 1 42 of of 11 9 FILED:: NASSAU (FILED NASSAU COUNTY COUNTY CLERK CLERK 03/11/2020 12/31/2019 07:25 04 : 02 PM INDEX INDEX NO. NO. 600001/2020 600001/2020 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 41 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/11/2020 12/31/2019 6. Pursuant to the Agreement, Company Defendant agreed to exclusively use one bank account approved by Plaintiff (the "Account") into which the Company Defendant agreed to deposit all of its receipts and from which Plaintiff was authorized to make daily ACH withdrawals until $22,185.00 was fully paid to Plaintiff. 7. The Agreement provided that in the event Company Defendant used a bank account other than the Account, closed the Account without prior authorization of Plaintiff, or otherwise prevented Plaintiff from making the agreed upon ACH withdrawals, the Company Defendant was in default of the Agreement. 8. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff from Company Defendant upon Company Defendant's breach in performance of its Agreement obligations. 9. Plaintiff remitted the purchase price for the future receivables to Company Defendant as agreed and thereby fulfilled all of its Agreement obligations. 10. On or about September 16, 2019, Company Defendant prevented Plaintiff from making the agreed upon ACH withdrawals and otherwise defaulted under the terms of the Agreement by breaching its representations and warranties to Plaintiff in direct violation of the Agreement. 11. Company Defendant made payments totaling $3,185.56 leaving a balance of $18,999.44. In addition, pursuant to the Agreement, Company Defendant incurred a default account fee in the amount of $2,500.00. 12. Additionally, Guarantor is responsible for all amounts incurred as a result of any default in the Agreement by Company Defendant. 13. There remains a balance due and owing to Plaintiff on the Agreement in the amount of $21,499.44 plus interest at the statutory rate, costs, disbursements and attorney's fees. 2 of 11 53 of 9 FILED:: NASSAU (FILED NASSAU COUNTY COUNTY CLERK CLERK 03/11/2020 12/31/2019 07:25 04 : 02 PM INDEX INDEX NO. NO. 600001/2020 600001/2020 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 41 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/11/2020 12/31/2019 AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract) 14. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 13 of this complaint as though fully set forth at length herein. 15. Upon information and belief, Company Defendant is still conducting business operations and still collecting receivables. 16. During the course of the Agreement, the unpaid sums became due and payable to Plaintiff, in full as required by Plaintiff or pursuant to the terms of the Agreement in the event of any action constituting a default or breach of any of covenants or warranties contained in the Agreement. Any outstanding balance owed by the Company Defendant at the time of default became immediately due and payable. 17. By reason of the foregoing, Plaintiff has suffered damages in the amount of $21,499.44, plus interest at the statutory rate, costs, disbursements and attorney's fees. AS AND FOR A SECOND CAUSE OF ACTION (Breach of Guarantee) 18. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 17 of this complaint as though fully set forth at length herein. 19. Pursuant to the Agreement, Guarantor guaranteed that Company Defendant would perform its obligations thereunder and that Guarantor would be individually, jointly, and severally liable for any loss suffered by Plaintiff as a result of a breach by Company Defendant. 20. Company Defendant has breached the Agreement as detailed above. 21. By reason of the foregoing, Plaintiff is entitled to judgement against Guarantor based on Guarantor's breach of the guarantee in the sum of $21,499.44, plus interest at the statutory rate, costs, disbursements and attorney's fees. AS AND FOR A THIRD CAUSE OF ACTION (Unjust Enrichment) 22. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 3 64 of of 11 9 FILED:: NASSAU (FILED NASSAU COUNTY COUNTY CLERK CLERK 03/11/2020 12/31/2019 07:25 04 : 02 PM INDEX INDEX NO. NO. 600001/2020 600001/2020 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 41 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/11/2020 12/31/2019 through 21 of this complaint as though fully set forth at length herein. 23. Defendants have been unjustly enriched in that they have received the purchase price for the future receivables, yet have failed to pay the sum of $21,499.44 pursuant to the Agreement. 24. By reason of the foregoing, Plaintiff is entitled to judgment against the Defendants for unjust enrichment in the amount of $21,499.44, plus interest at the statutory rate, costs, disbursements and attorney's fees. WHEREFORE, Plaintiff requests judgement against Defendants as follows: (i) On the first cause of action of the complaint, Plaintiff requests judgement against Company Defendant in the amount of $21,499.44, plus interest at the statutory rate, costs, disbursements and attorney's fees; (ii) On the second cause of action of the complaint, Plaintiff requests judgement against Guarantor in the amount of $21,499.44, plus interest at the statutory rate, costs, disbursements and attorney's fees; (iii) On the third cause of action of the complaint, Plaintiff requests judgement against Defendants in an amount of $21,499.44, plus interest at the statutory rate, costs, disbursements and attorney's fees; (iv) For such other and further relief as this Court deems just and proper. Dated: Brooklyn, New York December 31, 2019 . Jaco Verst dig, Esq. The Law Offices of Jacob Verstandig PLLC Attorney for Plaintiff 1459 East 13th Street Brooklyn, New York 11230 Phone: (646) 397-1972 Email: jv@verstandiglawfirm.com 4 of 11 75 of 9 FILED: FILED: NASSAU COUNTY NASSAU COUNTY CLERK CLERK 03/11/2020 12/31/2019 07:25 04:02 PM PM| INDEX INDEX NO. NO. 600001/2020 600001/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 4 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/11/2020 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ALPHA CAPITAL SOURCE INC, Index No.: Plaintiff, VERIFICATION BY A PARTY -against- INTERNATIONAL AUTOS INC D13A AUTO MAl L USA and MlKAL RAY MOND JAMES LEWIS , Defendants. STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) YECHIEL MESHI-ZAllAV, being duly sworn states that he is an Authorized OlTicer of Plaintiff in the within action. 1 have read the foregoing Verified Complaint and know the contents thereof, the same is true to my own knowledge. except as to matters therein stated to be alleged on information and belief, and as to those matters, 1 believe them to be true. The foregoing staten1ents are true under penalties of perjury. YECIIlEL MESIll-ZAlIAV, On ] ] 2019, before me personally appeared YECHIEL MESHI-ZAHAV, personally known to me or proved to me on the basis of satisfactory evidence 10 be the individual whose naine is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public, State 'New York My Commission Expires: Notary Stamp Seal: HADASSAHKATZ NUTAWPUBLIC,STAHOFNBWYORK Emrimmia•No.01KA644116 WWinNassancomdy ExpiessNovemburg20 S of 11 86 of 9 FILED:: NASSAU (FILED NASSAU COUNTY COUNTY CLERK CLERK 03/11/2020 12/31/2019 07:25 04 : 02 PM INDEX INDEX NO. NO. 600001/2020 600001/2020 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 41 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/11/2020 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ALPHA CAPITAL SOURCE INC, Index No.: Plaintiff, -against- INTERNATIONAL AUTOS INC DBA AUTO MALL USA and MIKAL RAYMOND JAMES LEWIS , Defendants. NOTICE OF ELECTRONIC FILING (Mandatory Case, Uniform Rule §202.5-bb) YOU HAVE RECEIVED THIS NOTICE because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. • If you are represented an - Give this Notice to your attorney. by attorney Attorneys" (Attorneys: see "Information for below). • If you are not represented an attorney: You will be served with all by documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing.