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  • Itria Ventures Llc v. Brooklyn Sports Shop Llc, Bkly Sports Shop Llc, Josef Strassberg Other Matters - Sale or Finance of Religious/Not for Profit Property document preview
  • Itria Ventures Llc v. Brooklyn Sports Shop Llc, Bkly Sports Shop Llc, Josef Strassberg Other Matters - Sale or Finance of Religious/Not for Profit Property document preview
  • Itria Ventures Llc v. Brooklyn Sports Shop Llc, Bkly Sports Shop Llc, Josef Strassberg Other Matters - Sale or Finance of Religious/Not for Profit Property document preview
  • Itria Ventures Llc v. Brooklyn Sports Shop Llc, Bkly Sports Shop Llc, Josef Strassberg Other Matters - Sale or Finance of Religious/Not for Profit Property document preview
  • Itria Ventures Llc v. Brooklyn Sports Shop Llc, Bkly Sports Shop Llc, Josef Strassberg Other Matters - Sale or Finance of Religious/Not for Profit Property document preview
  • Itria Ventures Llc v. Brooklyn Sports Shop Llc, Bkly Sports Shop Llc, Josef Strassberg Other Matters - Sale or Finance of Religious/Not for Profit Property document preview
  • Itria Ventures Llc v. Brooklyn Sports Shop Llc, Bkly Sports Shop Llc, Josef Strassberg Other Matters - Sale or Finance of Religious/Not for Profit Property document preview
  • Itria Ventures Llc v. Brooklyn Sports Shop Llc, Bkly Sports Shop Llc, Josef Strassberg Other Matters - Sale or Finance of Religious/Not for Profit Property document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 INDEX NO. 652.438/2017 NYSCEF DOC. NO. 18 COUNTY CLERK 0 RECEIVED NYSCEF: 01/02/2018 ILED: NEW YORK 05/05/2017 RECEIVED NYSCEF: NYSCEF @4 8lNtRpp8lpjtnougp1Nt,pig;pe~, E»tl fp~»r' crt JUJPUS BLggNKRP48tTW »>NmtPl 66i,tll8llhk4BPRtRE jjg gaqfe tNNKk.,gya Z'NPPP ' SUPREME COURT OF THE STATE OF NEW YORK InderNo. COUNTY OF N EW YORK ])gfepurchased ITRIA VENTURES LLC, Flaintiff(s)tledgnate(s) Ne,w York Countyas@eplaceoftdal Thebasisoffievennels plaintiff 's place of business . agefgt $L¶ffdik g E s)rade(s)at BROOKJ.,YN SPORTS SHOP LLC,•BKLY g SPORTS SHOP LLC and JOSEF 462 Seventh-Avenue.Avenue STRASSBERG, ew Y rk, New York 10018 p Of111$$0$ New York De fend4nt(a) 1. t Tuthe sbovenagedDefundat((3) W #.!ts Îpt § 9XM6M93d fe 8g~bX' atewer %© complaintin tis aeflon 898 to serve 8 copy of pE=~pN~ sugilegojiaypparance,0atheTlainiMfa 7011rau3WeGor,iffhec0111phdntiaretamvedwilfiti s summongto ssega Attorney(s)wigin Jays ater the senice ef thisgmanong gelysive atthe acsergne (or wifAü150 20, day daysailerthesex11ce go(' vithia the of New iacomplete iftbisfimumpsi 1s not g>exposaug to deltrzered yoja State ~Xi>xk)," fork); and fa essa ofyorefaf(vrefo appear or amrvrer;judgmentvdl1befatensgafat yonhy deAd forthereW fernandedfathecomplaint LAW OFFICES OF EDWARD NEISSNAN fqr7~ 2017 hito¬ "' Stiff lated, May 4, fp1 Ntg' 'O' ' 'OfR and 'C "898." efendant'saddass: 563 Empire Blvd. Brooklyn, New York 11225 by: dward eissman Esq. 365 Crown Street 60 East 42nd Street Brooklyn, New York 11225 Suite 557 New York, New York 10165 (212) 937-1520 1 "' '+t"~"Pw~A'~-»»'~ 1 of 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF 652438/2017 FILED: DOC. NO. 18 RECEIVED INDEXNYSCEF: NO. 01/02/2018 NEN YORK COUNTY CLERK 2 NY5CEF DOC. NO. 1 RECEIVED NYSCEF: 05/05/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ITRIA VENTORES LLC, : Index No. /17 Plaintiff, : COMPLAINT -against- BROOKLYN SPORTS SHOP LLC, BKLY SPORTS SHOP LLC and JOSEF STRASSBERG, Defendants. : --___________________________________-----X Plaintiff Itria Ventures LLC, by its attorney, Edward Weissman, Esq., as and for its Complaint against defendants, sets forth as follows: THE PARTIES 1. Plaintiff Itria Ventures LLC is, and at all material times hereinafter mentioned a limited liabi': was, liability company duly organized and existing under and by virtue of the laws of the State of Delaware, is authorized to conduct business in the State of New York, and maintains offices within the State of New York, County of New York. Itria provides for financing small businesses. 2. Upon information and belief, defendants Brooklyn <' Sports Shop LLC and BKLY Sports Shop LLC (hereinafter collectively, "BSSL") are, and at all material times were, each du.' corporations duly organized and existing under and by virtue of the laws of the State of New York, and maintain offices with the State of New York, County of Kings. 2 of 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF FILED: ILED: ~ . DOC. NO. NEW 18 YOE COWÈY ÈEE ~ I ~ II RECEIVED NO. INDEXNYSCEF: 652438/2017 01/02/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/05/2017 3. Upon information and belief, the owner of BSSL is defendant Josef Strassberg ("Strassberg"), who resides in the State of New York, County of Kings. 4. The Causes of action sued upon herein arose in the State of New York, County of New York. FIRST CAUSE OF ACTION 5. On or about July 28, 2016, Itria made advances to (" Cycles" an entity known as C.H. Cycles, Inc. ("Cycles") in the amount of $95, 000. 00. 6. The advances to Cycles were personally guaranteed by defendant Strassberg, who owns and operates both of the BSSL entities and Cycles. 7. When Cycles defaulted in its repayment obligations to Itria, 'tria entered judgment against both Cycles and Strassberg in the amount of $80,795.29. See Exhibit "A". 8. Once judgment was entered against Cycles and Strassberg in favor of Itria, Cycles, acting through defendant Strassberg, in order to frustrate Itria's efforts at judgment enforcement transferred from Cycles to BSSL all of inventory Cycles and did so without fair consideration and rendered thereby Cycles judgment proof and/or akin to a bankrupt. All signage at defendants' the premises referring to Cycles was removed. suddenly 9. As a result, when the City Marshal sought to seize the inventory of Cycles in late April, 2017 in order to satisfy Itria's judgment, Cycles and Strassberg took the position that the 2 3 of 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF DOC. NEW NO. 18 RECEIVED NO. INDEXNYSCEF: 652438/2017 01/02/2018 FILED: YORK COUNTY CLERK 05/05/201 AM NYS'CEF DOC. NO. 1 RECEIVED NYSCEF: 05/05/2017 inventory did not belong to Cycles but rather to the BSSL entities. 10. Cycles and BSSL operate out of the same premises. 11. Cycles and BSSL are both operated by defendant Strassberg. 12. Cycles and BSSL have the same ownership. 13. Cycles and BSSL have the same employees. 14. Cycles and BSSL have the same inventory. 15. Cycles and BSSL have the same furniture. 16. Cycles and BSSL share supplies. 17. Cycles and BSSL are both operated, controlled and manipulated by defendant Strassberg. 18. The essence of the misconduct by defendants herein ' is a blatant attempt to frustrate and impede Itria's efforts at judgment enforcement by transferring to BSSL all of the inventory and assets of Cycles, all done without fair consideration for the transfer, thus rendering Cycles judgment proof. 19. The defendants named herein oppose Itria's position. 20. . Itria seeks from this Court a declaratory judgment as follows: Declaring that BSSL is either the same entity as Cycles or is a successor entity to Cycles such that the assets of BSSL are the same assets as those of Cycles, and can be seized by tria in aid of Itria's judgment enforcement efforts, and permitting a 3 4 of 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF DOC. NEW NO. 18 ~ ~ ~ RECEIVED NO. INDEXNYSCEF: 652438/2017 01/02/2018 FILED: YORK COUNTY CLERK : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/05/2017 judgment to be entered in favor of Itria against each of the BSSL entities. 21. A justiciable controversy exists which must be determined by this Court. SECOND CAUSE or ACTION 22. Itria repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 21 above as if more fully set forth herein at length. 23. The transfer of assets by Cycles to BSSL, as described above, is a fraudulent conveyance or transfer under New York's Debtor-Creditor Law and is thus null and void. of' 24. The transfer of assets was intended to and did render Cycles judgment proof. 25. The transfer was done by defendants in order to render Cycles judgment proof and thus impede Itria's to ability recover on its judgment. 26. Itria is entitled to a money judgment against BSSL in amoun- the amount of the judgment obtained by Itria against Cycles and Strassberg, in the amount of with attorneys' $80,715.29, interest, fees and punitive damages. THIRD caves or acme 27. Itria repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 26 as if above, more fully set forth herein at length. 4 5 of. 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF DOC. NEW NO. 18 RECEIVEDINDEXNYSCEF: NÖ. 652438/2017 01/02/2018 FILED YORK COUNTY CLERK 05/05/f01 09:42 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/05/2017 28. The conduct of the defendants, as described above, constitutes an unfair business practice by them at the expense of Itria. 29. The conduct of the defendants, as described above, warrants entry of judgment against defendants, in the amount of $80,715.29 plus interest, legal fees and punitive damages. WHEREFORE, plaintiff Itria Ventures LLC demands judgment against defendants, as follows: (a) On its First Cause of Action, for a declaratory judgment determining that defendant Brooklyn Sports Shop LLC and BKLY Sports Shop LLC are the successor to Cycles and that the judgment obtained by Itria against Cycles applies to defendants Brooklyn Sports Shop LLC and BKLY Sports Shop LLC and can be enforced as if one and the same; (b) On its Second Cause of Action, against both defendants, in the principal sum of S80,715.29 with interest attorneys' punit' thereon plus fees, and an award of punitive damages to be determined at trial; (c) On its Third Cause of Action, against both defendants, in the principal sum of $80,715.29 ~~80g715.29 plus interest, attorneys' fees, and an award of punitive damages to be determined at trial; p (d) Together with such other, further and different relief as to the Court may seem just and proper, including the 5 6 of 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF FILED: DOC. NO. NEW 18YORK COUNTY CLE RECEIVED INDEXNYSCEF: NO. 01/02/2018 652438/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/05/2017 costs and disbursements of this action. Dated: New York, New York May 3, 2017 LAW S 0 j P WA§D WEISSMAN /' By: Edward Weissman, sq. Attorney for Plaintiff Office and P.O. Address: 42nd 60 East Street, Ste. 557 New York, New York 10165 Tel.: (212) 937-1520 cocomam ' '>HglQ' vVAQ'LYQ)(" swamwnssvavvascumnurarn vatuaes Lte somsu'' smus, £1 .u.msa . l1?')jh?...??X jijjÃ?ji'I?j.'I?'j?jjwgj gt AL....~~..m 7 8 of 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF DOC. NO. 18YORK RECEIVED ÏNDEXNYSCEF: No. 65Ï438/2017 01/02/2018 FILED NEW COUNTY CLERK OS/08/201'/ 09:Ï2 A — NY ITK..E . KXNQS COUNTY CLERK 7:1 P RECEIVŽl§D@†SMF:5Q9JWR/RM1/7 NYSCEF DOC. NO. 7 RECE1VED NYSCEF: 02/10/2017 ft n SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS .... ITRIA VENTURES, LLC Plaintiff, Index No: 502tt50 }r7 -against- JUDGMENT C.H. CYCLES INC and Josef Strassberg ...... . . Defendants. Confessed................................................... $116,850.00 Payments Made ................................... - $56,493.39 53 Interest(@16% calculated from 07/28/2016) + $ "5, fIQ4. QQ. Total................................. sdt'o iirl. Statutory Fee.............................$15.00 ., Filing Fee $210.00 Legal Fees $15,089.15 (25%) Cost Total + $15,314.15 d8't' Judgment Total.......................................... sk> I''i4: It-"tet ATTORNEY'S AFFIRMATION STATE OF NEW YORK, COUNTY OF KINGS The undersigned, an attorney at law of the State ofNew York, affirms that she isan attorney licensed to practice in the State of New York representing the Plaintiffherein, and states thatthe disbursements above are correct and true and have been orwill necessarily be made or incurred herein and arereasonable in amount and affirmsthis statement to be true under the penaltiesof perjury. r ~~ ,,,'7)Q 'i ")~ i-'I 1 of 4 10 of 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF NO. INDEXNYSCEF: 652438/2017 FILED: DOC. NEWNO. 18YORK COUNTY CLERK 0$/05/2017 09:42 AM RECEIVED 01/02/2018 NY4F1t)LEF·- KINGS COUNTY CLERK 02/09/2017 RECEIVENDENS10EF:5002EDT//RX1177 12:12 P$ NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/40/2017 2 of 4 11 of 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF INDEX NO. 652438/2017 FILED DOC. : NO. NEW 18YORK COUNTY CLERK 0$/05/2017 09:42 AM| RECEIVED NYSCEF: 01/02/2018 NY‡EELEk. RINGS COUNTY CLERK 02/09/2017 12:12 RECEIVÈ%DgfiS F:5Qýhj5 M177 PM| NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/10/2017 h Dated: February 8, 2017 /s/Ruth Faean Ruth Fagan, Esq. Attorney for Plainttff 20* 462 Seventh Avenue, Floor New York, NY 10018 PaintiffItriaVentures LLC having filedwith this Court a Confession of Judgment executed on 7/28/16, by each of thedefendants C.H. CYCLES INC and Josef Strassberg; Defendants having paid only $56,493.39 of the original $116,850.00 advanced to them by plaintiffleaving a balance due to plaintiff $60,356.61 thus entitling plaintiffto filethe Confession of Judgment with the Court; itis ADJUDGED, that plaintiffItriaVentures LLC, maintaining offices at 462 Seventh Avenue, 20* 20 Floor,New York, NY 10018, has judgment and does recover of defendants Defendant C H. J+ { CYCLES INC islocated at 563 Empire Blvd, Brooklyn, NY 1 1225, an sef Strassberg resides at 365 Crown Street,Brooklyn, NY 11225, the principal sum of $60,3É61 plus P ~ interest at ~ m sixtee A')14" perce 6%), or atthe maximum rate permitted by law, as calculated by the clerk in theamount of 53 $ Ia , , plus costs and disbursements as taxed by the Clerk in the amount of $225.00 plus attorneys' ' reasonable fees in theamount of $15,089.15 for a total sum of $ »w q and that the plaintiffshall have execution therefor. Judgment entered the 1 __day day of fUda , 2017 Clerk 1 NANCYT.SU ..l-»I H ii: Clerk Z 6- j:Zl kcI 833 / lm ' ::.''.I.-:1'.1 i "nnO SQNf A 3 of 4 12 of 13 FILED: NEW YORK COUNTY CLERK 01/02/2018 11:35 AM INDEX NO. 652438/2017 NYSCEF FILED: DOC. NO. NEW 18YORK COUNTY CLERK 08/05/2017 09:42 A RECEIVED INDEXNYSCEF: NO. 01/02/2018 652438/2017 NY XLER' . G COUNTY CLERK 0 2 7: P RECEIVŽt}DM%sW F:5 Q2§qQy'/401/7 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/10/2017 4 4 of 4 13 of 13