Preview
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