On April 03, 2018 a
Party Statement
was filed
involving a dispute between
S.O.S. Capital Inc.,
and
Egzon Shala,
Napolis Italian Restaurant,
for Other Matters - Contract - Other
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 04/03/2018 01:39 PM INDEX NO. 805301/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/03/2018
I'
SUPREME COURT OFTHE STATE OF NEW YORK
COUNTY OF ERIE
------------------ ----------------------------------------------X X Index No.
S.O.S. CAPITAL INC.
PLAINTIFF,
-vs- AFFIDAVIT
EGZON SHALA AND NAPOLIS ITAl,1AN RESTAURANT and
EGZON SHALA
DEFENDANT S.
-X
State of New York
ss
County of New York :
Samuel Twersky being duly sworn, hereby deposes and says as follows, under
penalties of perjury:
I. I am a principal of S.O.S. CAPITAL INC. the Plaintiff herein. I am fully
familiar with the facts and circumstances stated herein.
2. I make this Affidavit in support of Plaintiff's request for a judgment.
3. The Parties entered into an Agreement whereby Plaintiff purchased certain
future receivables from Defendants in about August 08, 2017. The value of
the receivables purchased was $25 jKX).00
Defendants'
4. Pursuant to said agreement, 15% of receivables purchased
were to be paid daily in the amount of $160.00
Parties' "A."
5. A copy of the Agreement is annexed hereto as Exhibit
6. Upon information and belief, Defendants caused their receivables to be
deposited in a separate account or blocked the ACH payment to the
1 of 4
FILED: ERIE COUNTY CLERK 04/03/2018 01:39 PM INDEX NO. 805301/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/03/2018
Plaintiff, thus converting the receivables purchased by Plaintiff, so that
Plaintiff could not collect the receivables they purchased.
f'
7. The agreement does not provide for any notices of default.
8. Defendant defaulted in about March 22, 2018.leaving a balance due on the
receivables of $1,800.00.
9. The Defendants have paid the receivables purchased due to Plaintiff in the
amount of $24.000.00 as of March 30.2018. leaving a current outstanding
balance of $1,800.00.
10. The value of the receivables that were purchased by Plaintiff and to the
extent they were not paid to Plaintiff is $1,800.00.
11. There is a current outstanding balance of receivables owed to Plaintiff
under the Agreement of $1,800.00 and as of March 22, 2018, Defendants
have defaulted on the payment of the receivables purchased in the amount
of $1,800.00.
12. I am fully familiar with the signature on the Confession of Judgment. Itis
the signatures of EGZON SHALA the principal of Defendant EGZON
SHALA AND NAPOLIS ITALIAN RESTAURANT As principal,
EGZON SHALA has full authority to bind that entity, and he isthe
principal of said entity who negotiated and entered into the Merchant
Agreement with Plaintiff (Exhibit "A") and signed the Confession of
Judgment.
13. The Defendants are in breach of their obligations.
14. I thcrcforc rcqucst that the judynent be granted to Plaintiff forthwith.
2 of 4
FILED: ERIE COUNTY CLERK 04/03/2018 01:39 PM INDEX NO. 805301/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/03/2018
3 of 4
FILED: ERIE COUNTY CLERK 04/03/2018 01:39 PM INDEX NO. 805301/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/03/2018
imin ~ No. Yea: '
RJi W Hon.
St
.'>I!
IPRI.Mfi COURT OF THE Sl A I IOI NiiW YORK
COLINTY OF ERIE
S.O.S. CAPITAI. . INC.
Plaintiff.
-againstI)st-
liGZON L SHAI.A L ANI) NAPOI.IS
LI'I')I.IS
ITALIAN RESI AtLl IRANT and
EG/.ON .'Lt
SIIAI.A.. L
I)efendants
NON-P.%%'III:I'I' I'
AFFII)AVIT OF NON-PAYMENT
Ariel Bouskila, Esq.
i( X'
Bentowitch 4 l4ouskila.V I .\I f
~ i'' for
Attorney PlaintijJ
office and Post offu c Addren. ., Teleplume
40 Exchange Place Ste 1306
.'(L(»
New Yest, New Yost 10005
I,'
t nits States
Phone:(212) 433-2298
Fax:(347) 331-0552
Service of nupy of the within us hereby admitted.
I)ated,
Attorney(s) for
Please take notice
O Noticy of fintry
that the within is a (certified)true copy of a
ol'
duly entered in the office of the clerk of the within name court on
ot'
Notice of wt-tiernent
that an order of which the within isa true copy will be anted for
settlement to the HON . one of the
judges of the within nanwd court. at
on at
Dated. Y ours, etc.
Attorney(s) for
4 of 4
Document Filed Date
April 03, 2018
Case Filing Date
April 03, 2018
Category
Other Matters - Contract - Other
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Preview
FILED: ERIE COUNTY CLERK 04/03/2018 01:39 PM INDEX NO. 805301/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/03/2018 I' SUPREME COURT OFTHE STATE OF NEW YORK COUNTY OF ERIE ------------------ ----------------------------------------------X X Index No. S.O.S. CAPITAL INC. PLAINTIFF, -vs- AFFIDAVIT EGZON SHALA AND NAPOLIS ITAl,1AN RESTAURANT and EGZON SHALA DEFENDANT S. -X State of New York ss County of New York : Samuel Twersky being duly sworn, hereby deposes and says as follows, under penalties of perjury: I. I am a principal of S.O.S. CAPITAL INC. the Plaintiff herein. I am fully familiar with the facts and circumstances stated herein. 2. I make this Affidavit in support of Plaintiff's request for a judgment. 3. The Parties entered into an Agreement whereby Plaintiff purchased certain future receivables from Defendants in about August 08, 2017. The value of the receivables purchased was $25 jKX).00 Defendants' 4. Pursuant to said agreement, 15% of receivables purchased were to be paid daily in the amount of $160.00 Parties' "A." 5. A copy of the Agreement is annexed hereto as Exhibit 6. Upon information and belief, Defendants caused their receivables to be deposited in a separate account or blocked the ACH payment to the 1 of 4 FILED: ERIE COUNTY CLERK 04/03/2018 01:39 PM INDEX NO. 805301/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/03/2018 Plaintiff, thus converting the receivables purchased by Plaintiff, so that Plaintiff could not collect the receivables they purchased. f' 7. The agreement does not provide for any notices of default. 8. Defendant defaulted in about March 22, 2018.leaving a balance due on the receivables of $1,800.00. 9. The Defendants have paid the receivables purchased due to Plaintiff in the amount of $24.000.00 as of March 30.2018. leaving a current outstanding balance of $1,800.00. 10. The value of the receivables that were purchased by Plaintiff and to the extent they were not paid to Plaintiff is $1,800.00. 11. There is a current outstanding balance of receivables owed to Plaintiff under the Agreement of $1,800.00 and as of March 22, 2018, Defendants have defaulted on the payment of the receivables purchased in the amount of $1,800.00. 12. I am fully familiar with the signature on the Confession of Judgment. Itis the signatures of EGZON SHALA the principal of Defendant EGZON SHALA AND NAPOLIS ITALIAN RESTAURANT As principal, EGZON SHALA has full authority to bind that entity, and he isthe principal of said entity who negotiated and entered into the Merchant Agreement with Plaintiff (Exhibit "A") and signed the Confession of Judgment. 13. The Defendants are in breach of their obligations. 14. I thcrcforc rcqucst that the judynent be granted to Plaintiff forthwith. 2 of 4 FILED: ERIE COUNTY CLERK 04/03/2018 01:39 PM INDEX NO. 805301/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/03/2018 3 of 4 FILED: ERIE COUNTY CLERK 04/03/2018 01:39 PM INDEX NO. 805301/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/03/2018 imin ~ No. Yea: ' RJi W Hon. St .'>I! IPRI.Mfi COURT OF THE Sl A I IOI NiiW YORK COLINTY OF ERIE S.O.S. CAPITAI. . INC. Plaintiff. -againstI)st- liGZON L SHAI.A L ANI) NAPOI.IS LI'I')I.IS ITALIAN RESI AtLl IRANT and EG/.ON .'Lt SIIAI.A.. L I)efendants NON-P.%%'III:I'I' I' AFFII)AVIT OF NON-PAYMENT Ariel Bouskila, Esq. i( X' Bentowitch 4 l4ouskila.V I .\I f ~ i'' for Attorney PlaintijJ office and Post offu c Addren. ., Teleplume 40 Exchange Place Ste 1306 .'(L(» New Yest, New Yost 10005 I,' t nits States Phone:(212) 433-2298 Fax:(347) 331-0552 Service of nupy of the within us hereby admitted. I)ated, Attorney(s) for Please take notice O Noticy of fintry that the within is a (certified)true copy of a ol' duly entered in the office of the clerk of the within name court on ot' Notice of wt-tiernent that an order of which the within isa true copy will be anted for settlement to the HON . one of the judges of the within nanwd court. at on at Dated. Y ours, etc. Attorney(s) for 4 of 4