Preview
FILED: KINGS COUNTY CLERK 06/27/2022 04:39 PM INDEX NO. 506997/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/27/2022
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: 506997/2022
COUNTY OF KINGS
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HYBRID ADVANCE,
Plaintiff,
-against
FINAL GRADE L.L.C. DBA FINAL GRADE
and MARTIN THOMAS LUMPP,
Defendant(s).
---------------------------------------------------------------x
PLAINTIFF’S STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT
THE LAW OFFICE OF YANA CHECHELNITSKY, LLC
Attorney for Plaintiff
Yana Chechelnitsky, Esq.
61-43 186th Street, Suite 450
Fresh Meadows, NY 11365
Tel: 877-464-8470
Fax: 888-881-8211
nynj@yanalawoffice.com
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FILED: KINGS COUNTY CLERK 06/27/2022 04:39 PM INDEX NO. 506997/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/27/2022
PLAINTIFF’S STATEMENT OF MATERIAL FACTS
In support of its motion for summary judgment, and in accordance with Uniform Rule
§202.8(g), Plaintiff, HYBRID ADVANCE, respectfully submits this statement of material facts as
to which Plaintiff contends there is no genuine issue to be tried.
1. On 12/14/2021, Plaintiff and Business Defendant, FINAL GRADE L.L.C. DBA FINAL
GRADE, entered into a Standard Merchant Cash Advance Agreement (hereinafter referred
to as the "Agreement") whereby Plaintiff agreed to buy all rights of Business Defendant's
future receivables. Plaintiff funded the Agreement having a face value of $89,940.00. See
Plaintiff’s Exhibit “A” at page: 1.
2. The purchase amount for those receivables was $60,000.00. See Plaintiff’s Exhibit “A” at
page: 1.
3. In addition, Individual Defendant, MARTIN THOMAS LUMPP, agreed to guarantee, any
and, all amounts owed to Plaintiff from Company Defendant. See Plaintiff’s Exhibit “A”
at pages: 13 - 17.
4. Individual Defendant is the Owner of Company Defendant. See Plaintiff’s Exhibit “A” at
page: 12.
5. Under the Agreement, Business Defendant authorized Plaintiff to debit 25% of its daily
revenue until the purchase amount of receivables, $89,940.00, was paid in full. See
Plaintiff’s Exhibit “A” at page: 1.
6. On 12/14/2021 and 01/18/2022, respectively, Plaintiff paid Business Defendant the
Purchase Price of $60,000.00, minus agreed upon underwriting fee of $4,200.00 (see
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FILED: KINGS COUNTY CLERK 06/27/2022 04:39 PM INDEX NO. 506997/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/27/2022
Plaintiff’s Exhibit “A” at page: 2, ¶2 (A)), in two (2) equal installments in the amount of
$27,900.00 each, thus fulfilling its obligation on the Agreement. See Plaintiff’s Exhibit
“B”.
7. On 2/14/2022, Business Defendant breached the Agreement by defaulting on its
representations and warranties to Plaintiff under the Agreement. See Dembitzer’s Affidavit
at ¶ 16.
8. Plaintiff only received $32,978.00 from Business Defendant, leaving a balance due and
owing in the sum of $56,962.00. See Plaintiff’s Exhibit “C”.
9. Business Defendant also owes Plaintiff $2,500.00 for a Default Fee and $195.00 for a UCC
Filing Fee to cover the cost of filing the UCC-1 Financing Statement in connection with
the Agreement. See Plaintiff’s Exhibit “A” at page: 2, ¶¶ 2 (A) & (C).
10. The Defendants never informed Plaintiff of any condition or event that would affect
Business Defendant’s ability to perform its obligations under the Agreement. See
Dembitzer’s Affidavit at ¶ 18.
11. Plaintiff never released the Defendants from their obligations under the Agreement. See
Dembitzer’s Affidavit at ¶ 19.
12. In total, under the Agreement, Business Defendant caused damage to Plaintiff in the
amount of $59,657.00 for which Individual Defendant is to be held personally responsible.
See Dembitzer’s Affidavit at ¶ 22.
13. Plaintiff commenced this action on March 9, 2022. See Plaintiff’s Exhibit “D”.
14. On April 5, 2022, an Answer was filed on behalf of the Defendants. See Plaintiff’s Exhibit
“E”.
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/27/2022
15. On April 6. 2022, Defendants were served with Notice to Admit and Demand for
Discovery. See NYCEF Doc. Nos.: 7 & 8.
16. As of today, Defendants failed to comply with the Notice to Admit and Demand for
Discovery. See Chechelnitsky’s Affirmation, ¶ 12.
17. For the purposes of this application, Plaintiff waives its Third Cause of Action stated in the
Complaint to the extent that said Cause of Action seeks to recover attorney’s fees, in the
amount of $14,240.00, expended in this litigation
Dated: Queens, NY
June 27, 2022
THE LAW OFFICE OF YANA CHECHELNITSKY, LLC
Attorney for Plaintiff
By: /s/ Yana Chechelnitsky
Yana Chechelnitsky, Esq.
61-43 186th Street, Suite 450
Fresh Meadows, NY 11365
Tel: 877-464-8470
nynj@yanalawoffice.com
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Preview
FILED: KINGS COUNTY CLERK 06/27/2022 04:39 PM INDEX NO. 506997/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/27/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: 506997/2022 COUNTY OF KINGS ---------------------------------------------------------------x HYBRID ADVANCE, Plaintiff, -against FINAL GRADE L.L.C. DBA FINAL GRADE and MARTIN THOMAS LUMPP, Defendant(s). ---------------------------------------------------------------x PLAINTIFF’S STATEMENT OF MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT THE LAW OFFICE OF YANA CHECHELNITSKY, LLC Attorney for Plaintiff Yana Chechelnitsky, Esq. 61-43 186th Street, Suite 450 Fresh Meadows, NY 11365 Tel: 877-464-8470 Fax: 888-881-8211 nynj@yanalawoffice.com 1 of 4 FILED: KINGS COUNTY CLERK 06/27/2022 04:39 PM INDEX NO. 506997/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/27/2022 PLAINTIFF’S STATEMENT OF MATERIAL FACTS In support of its motion for summary judgment, and in accordance with Uniform Rule §202.8(g), Plaintiff, HYBRID ADVANCE, respectfully submits this statement of material facts as to which Plaintiff contends there is no genuine issue to be tried. 1. On 12/14/2021, Plaintiff and Business Defendant, FINAL GRADE L.L.C. DBA FINAL GRADE, entered into a Standard Merchant Cash Advance Agreement (hereinafter referred to as the "Agreement") whereby Plaintiff agreed to buy all rights of Business Defendant's future receivables. Plaintiff funded the Agreement having a face value of $89,940.00. See Plaintiff’s Exhibit “A” at page: 1. 2. The purchase amount for those receivables was $60,000.00. See Plaintiff’s Exhibit “A” at page: 1. 3. In addition, Individual Defendant, MARTIN THOMAS LUMPP, agreed to guarantee, any and, all amounts owed to Plaintiff from Company Defendant. See Plaintiff’s Exhibit “A” at pages: 13 - 17. 4. Individual Defendant is the Owner of Company Defendant. See Plaintiff’s Exhibit “A” at page: 12. 5. Under the Agreement, Business Defendant authorized Plaintiff to debit 25% of its daily revenue until the purchase amount of receivables, $89,940.00, was paid in full. See Plaintiff’s Exhibit “A” at page: 1. 6. On 12/14/2021 and 01/18/2022, respectively, Plaintiff paid Business Defendant the Purchase Price of $60,000.00, minus agreed upon underwriting fee of $4,200.00 (see 2 of 4 FILED: KINGS COUNTY CLERK 06/27/2022 04:39 PM INDEX NO. 506997/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/27/2022 Plaintiff’s Exhibit “A” at page: 2, ¶2 (A)), in two (2) equal installments in the amount of $27,900.00 each, thus fulfilling its obligation on the Agreement. See Plaintiff’s Exhibit “B”. 7. On 2/14/2022, Business Defendant breached the Agreement by defaulting on its representations and warranties to Plaintiff under the Agreement. See Dembitzer’s Affidavit at ¶ 16. 8. Plaintiff only received $32,978.00 from Business Defendant, leaving a balance due and owing in the sum of $56,962.00. See Plaintiff’s Exhibit “C”. 9. Business Defendant also owes Plaintiff $2,500.00 for a Default Fee and $195.00 for a UCC Filing Fee to cover the cost of filing the UCC-1 Financing Statement in connection with the Agreement. See Plaintiff’s Exhibit “A” at page: 2, ¶¶ 2 (A) & (C). 10. The Defendants never informed Plaintiff of any condition or event that would affect Business Defendant’s ability to perform its obligations under the Agreement. See Dembitzer’s Affidavit at ¶ 18. 11. Plaintiff never released the Defendants from their obligations under the Agreement. See Dembitzer’s Affidavit at ¶ 19. 12. In total, under the Agreement, Business Defendant caused damage to Plaintiff in the amount of $59,657.00 for which Individual Defendant is to be held personally responsible. See Dembitzer’s Affidavit at ¶ 22. 13. Plaintiff commenced this action on March 9, 2022. See Plaintiff’s Exhibit “D”. 14. On April 5, 2022, an Answer was filed on behalf of the Defendants. See Plaintiff’s Exhibit “E”. 3 of 4 FILED: KINGS COUNTY CLERK 06/27/2022 04:39 PM INDEX NO. 506997/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/27/2022 15. On April 6. 2022, Defendants were served with Notice to Admit and Demand for Discovery. See NYCEF Doc. Nos.: 7 & 8. 16. As of today, Defendants failed to comply with the Notice to Admit and Demand for Discovery. See Chechelnitsky’s Affirmation, ¶ 12. 17. For the purposes of this application, Plaintiff waives its Third Cause of Action stated in the Complaint to the extent that said Cause of Action seeks to recover attorney’s fees, in the amount of $14,240.00, expended in this litigation Dated: Queens, NY June 27, 2022 THE LAW OFFICE OF YANA CHECHELNITSKY, LLC Attorney for Plaintiff By: /s/ Yana Chechelnitsky Yana Chechelnitsky, Esq. 61-43 186th Street, Suite 450 Fresh Meadows, NY 11365 Tel: 877-464-8470 nynj@yanalawoffice.com 4 of 4