On July 19, 2022 a
Judgment
was filed
involving a dispute between
Kalamata Capital Group, Llc,
and
Cha Trucking,
C.H.A. Truck N Transport,
Cheechee Marshan Mcgowan,
Columbus Haul All Ltd
D B A Cha Truck-N- Transport,
Shapes Babrer & Braid Shop Llc.,
for Other Matters - Contract - Other
in the District Court of Sullivan County.
Preview
FILED: SULLIVAN COUNTY CLERK 09/07/2022 12:35 PM INDEX NO. E2022-1287
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
KALAMATA CAPITAL GROUP, LLC Index No: E2022-1287
Plaintiff,
against
AFFIRMATION OF
DEFAULT
COLUMBUS HAUL ALL LTD D/B/A CHA
TRUCK-N-TRANSPORT ; CHA TRUCKING ;
C.H.A. TRUCK N TRANSPORT ; SHAPES
BABRER & BRAID SHOP LLC. and
CHEECHEE MARSHAN MCGOWAN
Defendants.
State of New York :
: ss:
County of New York :
ARIEL BOUSKILA, ESQ an attorney duly admitted to practice law in the Courts of the State
of New York, hereby affirms the following to be true under penalty of perjury:
1. I am a member of Berkovitch & Bouskila, PLLC, attorneys for KALAMATA
CAPITAL GROUP, LLC (“Plaintiff”) in this matter, and as such am fully familiar with the facts
and circumstances contained herein.
2. The action is predicated upon a Purchase and Sale of Future Receivables
Agreement (“Agreement”) between the parties. The Agreement is annexed as Exhibit “A”.
3. On or about January 19, 2022, Plaintiff and Defendants entered into the
Agreement) whereby Plaintiff agreed to purchase all right of COLUMBUS HAUL ALL LTD
D/B/A CHA TRUCK-N-TRANSPORT ; CHA TRUCKING ; C.H.A. TRUCK N TRANSPORT ;
SHAPES BABRER & BRAID SHOP LLC. (“Company Defendant”) future receivables. Plaintiff
funded the Agreement having a face value of $94,500.00. The purchase amount for those
receivables was $75,000.00.
4. In addition, CHEECHEE MARSHAN MCGOWAN (“Guarantor(s)”) agreed
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FILED: SULLIVAN COUNTY CLERK 09/07/2022 12:35 PM INDEX NO. E2022-1287
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/07/2022
to guarantee any and all amounts owed to Plaintiff from Company Defendant. Guarantor is an
authorized representative of Company Defendant
5. Pursuant to the Agreement, Company Defendant agreed to have one bank
account approved by Plaintiff (the "Bank Account") from which Company Defendant was to
remit 15% (“ Purchased Percentage”) to Plaintiff until $94,500.00 was fully paid to Plaintiff
6. Company Defendant did not meet its obligation under the Agreement, by failing
to remit the Purchased Percentage to Plaintiff, by blocking the ACH payments to the Plaintiff,
thereby converting the receivables that were purchased by the Plaintiff.
7. Plaintiff commenced this action against defendants by the filing of a Summons
and Verified Complaint on July 19, 2022. The Summons and Verified Complaint are annexed as
Exhibit “B”.
8. The Summons and Verified Complaint were served upon all defendants on July
27, 2022 in the manner prescribed in law pursuant to CPLR. The affidavits of Service are attached
hereto as “Exhibit C”.
9. Proof of service was timely filed with the County Clerk’s office.
10. The time for Defendants to appear, answer, or raise an objection to the complaint
in point of law has expired.
11. Plaintiff hereby waives its claim for attorney’s fees for purposes of this
application only, to the extent not requested further herein.
12. Attached hereto is an Affirmation of Second Mailing pursuant to CPLR 3215
(G)(3)(i) and CPLR 3215 (G)(4)(i).
13. Attached hereto as is an Affirmation of Non-Military Service together with the
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FILED: SULLIVAN COUNTY CLERK 09/07/2022 12:35 PM INDEX NO. E2022-1287
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/07/2022
response from the Department of Defense Manpower Data Center referenced in my Non-military
Service affirmation.
14. There remains a principal balance due and owing to Plaintiff in the amount of
$67,311.60 plus additional interest, costs and disbursements. For purposes of this application,
Plaintiff hereby waives attorney’s fees.
15. The defendants made payments totaling $27,188.40 leaving a balance of
$67,311.60. The NSF fees (bounce fees) are $35.00 each and the Defendant bounced 20 times
totaling $700.00 in bounce fees. Pursuant to the Agreement, the Defendants incurred a Default
fee in the amount of $2,500.00. The balance with fees included is $70,511.60. The defendant
breached the Agreement on July 12,2022.
16. Additionally, pre-judgment interest should commence from the date of default of
July 12,2022. As of September 7, 2022, the amount of pre-judgment interest on the $70,511.60
balance is $991.03.
17. Further, as shown on the accompanying Bill of Costs, Plaintiff is entitled to costs
and disbursements in the amount of $455.
18. By reason of the foregoing, Plaintiff is entitled to entry of judgment on default
against Defendant in the sum of $70,511.60, plus interest in the amount of $991.03 plus cost and
disbursements in the amount of $455.
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FILED: SULLIVAN COUNTY CLERK 09/07/2022 12:35 PM INDEX NO. E2022-1287
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/07/2022
WHEREFORE, Plaintiff requests judgment in the amounts stated herein and for such
other and further relief as this Court deems appropriate.
Dated: New York, New York
September 7, 2022
___ __________
Ariel Bouskila Esq.
80 Broad St Suite 3303
New York, NY 10004
(212) 729-1477
Legal@bblawpllc.com
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Document Filed Date
September 07, 2022
Case Filing Date
July 19, 2022
Category
Other Matters - Contract - Other
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FILED: SULLIVAN COUNTY CLERK 09/07/2022 12:35 PM INDEX NO. E2022-1287 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN KALAMATA CAPITAL GROUP, LLC Index No: E2022-1287 Plaintiff, against AFFIRMATION OF DEFAULT COLUMBUS HAUL ALL LTD D/B/A CHA TRUCK-N-TRANSPORT ; CHA TRUCKING ; C.H.A. TRUCK N TRANSPORT ; SHAPES BABRER & BRAID SHOP LLC. and CHEECHEE MARSHAN MCGOWAN Defendants. State of New York : : ss: County of New York : ARIEL BOUSKILA, ESQ an attorney duly admitted to practice law in the Courts of the State of New York, hereby affirms the following to be true under penalty of perjury: 1. I am a member of Berkovitch & Bouskila, PLLC, attorneys for KALAMATA CAPITAL GROUP, LLC (“Plaintiff”) in this matter, and as such am fully familiar with the facts and circumstances contained herein. 2. The action is predicated upon a Purchase and Sale of Future Receivables Agreement (“Agreement”) between the parties. The Agreement is annexed as Exhibit “A”. 3. On or about January 19, 2022, Plaintiff and Defendants entered into the Agreement) whereby Plaintiff agreed to purchase all right of COLUMBUS HAUL ALL LTD D/B/A CHA TRUCK-N-TRANSPORT ; CHA TRUCKING ; C.H.A. TRUCK N TRANSPORT ; SHAPES BABRER & BRAID SHOP LLC. (“Company Defendant”) future receivables. Plaintiff funded the Agreement having a face value of $94,500.00. The purchase amount for those receivables was $75,000.00. 4. In addition, CHEECHEE MARSHAN MCGOWAN (“Guarantor(s)”) agreed 1 of 4 FILED: SULLIVAN COUNTY CLERK 09/07/2022 12:35 PM INDEX NO. E2022-1287 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/07/2022 to guarantee any and all amounts owed to Plaintiff from Company Defendant. Guarantor is an authorized representative of Company Defendant 5. Pursuant to the Agreement, Company Defendant agreed to have one bank account approved by Plaintiff (the "Bank Account") from which Company Defendant was to remit 15% (“ Purchased Percentage”) to Plaintiff until $94,500.00 was fully paid to Plaintiff 6. Company Defendant did not meet its obligation under the Agreement, by failing to remit the Purchased Percentage to Plaintiff, by blocking the ACH payments to the Plaintiff, thereby converting the receivables that were purchased by the Plaintiff. 7. Plaintiff commenced this action against defendants by the filing of a Summons and Verified Complaint on July 19, 2022. The Summons and Verified Complaint are annexed as Exhibit “B”. 8. The Summons and Verified Complaint were served upon all defendants on July 27, 2022 in the manner prescribed in law pursuant to CPLR. The affidavits of Service are attached hereto as “Exhibit C”. 9. Proof of service was timely filed with the County Clerk’s office. 10. The time for Defendants to appear, answer, or raise an objection to the complaint in point of law has expired. 11. Plaintiff hereby waives its claim for attorney’s fees for purposes of this application only, to the extent not requested further herein. 12. Attached hereto is an Affirmation of Second Mailing pursuant to CPLR 3215 (G)(3)(i) and CPLR 3215 (G)(4)(i). 13. Attached hereto as is an Affirmation of Non-Military Service together with the 2 of 4 FILED: SULLIVAN COUNTY CLERK 09/07/2022 12:35 PM INDEX NO. E2022-1287 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/07/2022 response from the Department of Defense Manpower Data Center referenced in my Non-military Service affirmation. 14. There remains a principal balance due and owing to Plaintiff in the amount of $67,311.60 plus additional interest, costs and disbursements. For purposes of this application, Plaintiff hereby waives attorney’s fees. 15. The defendants made payments totaling $27,188.40 leaving a balance of $67,311.60. The NSF fees (bounce fees) are $35.00 each and the Defendant bounced 20 times totaling $700.00 in bounce fees. Pursuant to the Agreement, the Defendants incurred a Default fee in the amount of $2,500.00. The balance with fees included is $70,511.60. The defendant breached the Agreement on July 12,2022. 16. Additionally, pre-judgment interest should commence from the date of default of July 12,2022. As of September 7, 2022, the amount of pre-judgment interest on the $70,511.60 balance is $991.03. 17. Further, as shown on the accompanying Bill of Costs, Plaintiff is entitled to costs and disbursements in the amount of $455. 18. By reason of the foregoing, Plaintiff is entitled to entry of judgment on default against Defendant in the sum of $70,511.60, plus interest in the amount of $991.03 plus cost and disbursements in the amount of $455. 3 of 4 FILED: SULLIVAN COUNTY CLERK 09/07/2022 12:35 PM INDEX NO. E2022-1287 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/07/2022 WHEREFORE, Plaintiff requests judgment in the amounts stated herein and for such other and further relief as this Court deems appropriate. Dated: New York, New York September 7, 2022 ___ __________ Ariel Bouskila Esq. 80 Broad St Suite 3303 New York, NY 10004 (212) 729-1477 Legal@bblawpllc.com 4 of 4