Complaint,Petition: Maurice S Tarry, Merchant Business Alliance Llc v. Jeb Singer, J. Singer Law Group, Pllc

On February 02, 2017 a Complaint,Petition was filed involving a dispute between Maurice S Tarry, Merchant Business Alliance Llc, and Jeb Singer, J. Singer Law Group, Pllc, for Torts - Other (tortious interference eco) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 02/02/2017 11:55 AM INDEX NO. 151096/2017
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------- X
MAURICE SEAN TARRY, an individual, and; -
MERCHANT BUSINESS ALLIANCE LLC, a - Index No.
Delaware limited liability company; -
Plaintiffs -
- against - -
-
JEB SINGER, an individual, and J. SINGER -
LAW GROUP, a New York Professional service - SUMMONS
Limited liability company; -
Defendants. - Date Index No. Purchased:
------------------------------------------------------------- X

To the above-named Defendant(s)

Jeb Singer and J. Singer Law Group, PLLC
222 Broadway 19th Floor
New York, NY 10038

You are hereby summoned to answer the complaint in this action and to serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the
Plaintiffs’ attorney within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete if this summons is not personally delivered to you within the
State of New York); and in case of your failure to appear or answer, judgment will be taken against you
by default for the relief demanded in the complaint.

The basis of venue is Defendants’ office is located 222 Broadway 19th Floor New York NY 10038

Dated:
March 27, 2017

Cameron Jenkins, Esq.

By: ______________________
Cameron Jenkins, Esq.
New York Bar #3011160
43 West 43rd Street, Suite 161
New York, New York 10036
Telephone: (305) 674-4481
cj@cjenkinslaw.com
Attorney(s) for Maurice Tarry and MBA

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A
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------- X
MAURICE SEAN TARRY, an individual; -
- Index No.
Plaintiffs, -
- against - -
-
JEB SINGER, an individual, and J. SINGER -
LAW GROUP, a New York Professional service - COMPLAINT
Limited liability company; -
Defendants. - Date Index No. Purchased:
------------------------------------------------------------- X

Plaintiffs MAURICE S. TARRY (“Tarry”) and MERCHANT BUSINESS ALLIANCE LLC

(“MBA), by and through their attorneys, CAMERON JENKINS P.A., by way of a Complaint against

defendants JEB SINGER and J SINGER LAW GROUP PLLC, alleges and states as follows:

NATURE OF ACTION

1. This actions seeks to recover monetary damages resulting from the inexplicable breach of

Plaintiffs’ rights by an attorney licensed to practice in New York State.

2. In what can only be rationalized as lashing out against Plaintiffs, Defendants carbon copied an

email and attached a ‘Response to Notice of Breach’ to a cadre of Plaintiffs’ business associates

and potential business partners, many of whom were entirely unaffiliated with the matter.

PARTIES

3. Plaintiff Maurice S. Tarry is an individual who serves as the Chief Executive Officer of

Merchant Business Alliance LLC and other entities conducting business in the merchant

payment processing industry.

4. Plaintiff Merchant Business Alliance LLC is a limited liability company organized under the

laws of Delaware, having its principal place of business in Suffolk County, New York.

Merchant Business Alliance LLC is involved primarily in the merchant payment processing

industry.

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5. Defendant Jeb Singer is a resident and attorney practicing law in New York County.

6. Defendant J. Singer Law Group PLLC is a New York professional services limited liability

company with its sole office located at 222 Broadway 19th Floor New York, New York 10038.

JURISDICTION AND VENUE

7. This Court has personal jurisdiction over Defendants pursuant to CPLR § 301. Defendants are

residents of New York, corporate defendant’s sole office is located in New York County, and

defendants regularly transact business in New York County.

8. Venue is proper in New York County pursuant to CPLR § 503 in that Defendants principal place

of business is in said county.

FACTS

9. Plaintiff Tarry is an experienced business executive/owner of corporate entities engaged in the

merchant payment processing industry.

10. In both his capacity as an executive or owner, Tarry’s ability to administer his executive and

entrepreneurial activities is directly tied to his relationships with funding companies, payment

processors, and agents in the payment processing industry.

11. Tarry is the Chief Executive Officer of Merchant Business Alliance LLC.

12. In the normal course of business as CEO of MBA, Tarry directed his attorney Cameron Jenkins

P.A. to transmit to an agent Rosa Guakil a Breach and Set Off Notice dated December 30 2016.

13. On January 6, 2017 Defendant Jeb Singer emailed Cameron Jenkins a letter dated January 5, 2017

regarding ‘Transactions between Merchant Business Alliance, LLC and Rosa Guakil-Notice of

Defaults’(the “Singer Response Letter”) stating that he represents Rosa Guakil with regards to

her transactions with MBA, responding to MBA’s Notice of Breach, delineating alleged breaches

committed by MBA, divulging confidential information, making disparaging remarks against

Tarry and Merchant Business Alliance LLC, and making false statements regarding Guakil’s

business relations with MBA and, upon information and belief, misrepresenting that his Client

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was in fact Rosa Guakil.

14. At the heart of this action against Jeb Singer is his intentional ‘carbon copy’ of the email and

physical transmission of the ‘Singer Response Letter’ to an extensive listof Tarry and MBA

business partners and prospective partners who are devoid of any relation to the transactions

between Rosa Guakil and Merchant Business Alliance.

15. Defendant Jeb Singer carbon copied the email with attached ‘Singer Response Letter’ and mailed

physical copies of the ‘Singer Response Letter’ as follows: Anthony Holder ;

C& H Financial Services, Inc.; Steven Bettinger and James Terlizzi

,SwiftCapitalOpportunitiesLLC;AnthonyMarino(

Christopher ,ClarenceWilliams(

FirstDataCardProcessing;JerryWynne(

StevenBettinger;JimTerlizzi;

16. Jeb Singer mailed the ‘Singer Response Letter’ to at least four employees of First Data Merchant

Services LLC (“First Data”).

17. Jeb Singer knew when he mailed the ‘Singer Response Letter’ to First Data that MBA and other

Tarry administered entities had agreements with First Data.

18. Jeb Singer knew when he mailed the ‘Singer Response Letter’ to First Data that MBA and other

Tarry administered entities have prospective agreements whereby First Data would provide

processing services and prospective credit facilities to MBA and Tarry administered entities.

19. Jeb Singer knew that his purported client Rosa Guakil’s dispute/s with MBA and Tarry had no

relation to First Data because MBA never requested registration of Guakil as either a “sub-ISO”

or sales representative of MBA to sell or market First Data’s processing and settlement services

to merchants.

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20. Jeb Singer’s only reason for carbon copying the ‘Singer Response Letter’ to First Data was to

maliciously interfere with MBA and Tarry agreements with First Data and to maliciously interfere

with MBA and Tarry prospective business relations with First Data including processing services

and a pending credit facility and to inflict emotional distress on Tarry.

21. On January 17, 2017 Senior Counsel from First Data mailed a letter to Jeb Singer stating that

First Data had no relation to the MBA/Guakil dispute and requested that Jeb Singer “advise

whether you have facts in your possession that suggest Ms. Guakil had any relationship with First

Data.”

22. Upon belief, Jeb Singer has never presented any facts to First Data supporting any relation

between the Guakil/MBA dispute and First Data.

23. On January 18, 2017 First Data mailed to Plaintiffs ‘Notice of Termination of Marketing

Agreement dated May 21, 2015 between MBA and First Data’ and as grounds for termination

stated ‘First Data was copied on relating to a dispute MBA is currently having with one of its

agents/sub-ISO’s (Rosa Guakil) as First Data could not find a single record of MBA requesting

that Ms.Guakil be registered under MBA to market and sell First Data’s merchant program.”

24. Jeb Singer mailed the ‘Singer Response Letter’ to at least two managers at C & H Financial

Services, Inc. (“C & H”).

25. Jeb Singer knew that when he mailed the ‘Singer Response Letter’ to C & H that MBA and other

Tarry administered entities have agreements with C & H.

26. Jeb Singer knew that when he mailed the ‘Singer Response Letter’ to C & H that MBA and other

Tarry administered entities had prospective agreements whereby C & H would provide processing

services and credit facilities to MBA and other Tarry administered entities.

27. Jeb Singer knew that his client Rosa Guakil’s dispute/s with MBA and Tarry had no relation to C

& H when he mailed the Jeb Singer Response letter to C & H.

28. Jeb Singer’s only reason for carbon copying the Jeb Singer Response letter to members of C &

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H was to maliciously interfere with MBA and Tarry agreements with C & H and to maliciously

interfere with MBA and Tarry prospective business relations with C & H and to inflict emotional

distress on Tarry.

29. On January 7, 2017 an attorney to C & H, Sheila Corvino wrote in a letter to Jeb Singer that “C

&H is not involved in the dispute between your Client, Rosa Guakil, and Merchant Business

Alliance LLC” and in an email from S Corvino to Jeb Singer dated January 9, 2017 stated “We

don’t have a horse in this race.”

30. Upon information and belief, Jeb Singer has never presented any facts to C & H supporting any

relation between the Guakil/MBA dispute and his rationale for sending the Jeb Singer Response

to C & H.

31. Jeb Singer emailed and physically mailed the ‘Singer Response Letter’ to James Terlizzi and

Steve Bettinger who are two Managers at Swift Capital Opportunities, LLC (“Swift”).

32. Jeb Singer knew that when he mailed the Jeb Singer Response Letter to the managers at Swift

that MBA and other Tarry administered entities have agreements with Swift.

33. Jeb Singer knew that when he mailed the Jeb Singer Response Letter to Swift that MBA and other

Tarry administered entities had prospective agreements whereby Swift would provide credit

facilities to MBA and other Tarry administered entities.

34. Jeb Singer knew that his purported client Rosa Guakil’s dispute/s with MBA and Tarry had no

relation to Swift when he mailed the ‘Singer Response Letter’ to the managers at Swift.

35. Jeb Singer’s only reason for carbon copying the ‘Singer Response Letter’ to the Swift Managers

was to maliciously interfere with MBA and Tarry agreements with Swift and to maliciously

interfere with MBA and Tarry prospective business relations with Swift and to inflict emotional

distress on Tarry.

36. Jeb Singer emailed and physically mailed the Jeb Singer Response Letter to Simon Lobanov who

is the CEO at Redpayments LLC (“Redpayments”).

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37. Jeb Singer knew that when he mailed the Jeb Singer Response Letter to Redpayments that MBA

and other Tarry administered entities have agreements with Redpayments.

38. Jeb Singer knew that when he mailed the Jeb Singer Response Letter to Redpayments that MBA

and other Tarry administered entities have prospective agreements whereby Redpayments would

purchase MBA portfolios and prospective agreements to purchase the portfolios of Tarry

administered entities.

39. Jeb Singer knew that his purported client Rosa Guakil’s dispute/s with MBA and Tarry had no

relation to Redpayments when he mailed the ‘Singer Response Letter’ to the CEO of

Redpayments.

40. Jeb Singer’s only reason for carbon copying the ‘Singer Response Letter’ to the CEO of

Redpayments was to maliciously interfere with MBA and Tarry agreements with Redpayments

and to maliciously interfere with MBA and Tarry prospective business relations with

Redpayments and to inflict emotional distress on Tarry.

41. Jeb Singer violated Rule 4.1 New York Rules of Professional Conduct when he falsely stated to

third persons that he represented Guakil in the Singer Response Letter when the Singer Response

Letter was sent at the behest of his actual Client Frida Franco.

42. Jeb Singer violated Rule 4.4 New York Rule of Professional Conduct by transmitting the ‘Singer

Response Letter’ that had no substantial purpose other than to harm MBA and Tarry.

AS AND FOR A FIRST CAUSE OF ACTION

(Tortious Interference with Prospective Business Relations)

43. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 41 as

if set forth fully herein.

44. In 2016 Plaintiff entered into either term sheets, memorandum of understanding and otherwise

entered into substantive negotiations with Swift Capital, C & H, First Data, and Redpayments.

45. At all relevant times Jeb Singer and J. Singer Law Group PLLC were aware of Plaintiffs’

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negotiations with Swift Capital, C & H, First Data, and Redpayments.

46. Plaintiffs’ had a prospective economic advantage from its efforts and negotiations including

among other prospective economic advantages the potential purchase of a merchant portfolio

from the recipients of the ‘Singer Response Letter’.

47. Jeb Singer at all relevant times had knowledge of Plaintiffs prospective economic advantage

concerning the sale of the portfolio.

48. Jeb Singer wrongfully and maliciously interfered with these negotiations by transmitting the

‘Singer Response Letter’ because he wanted to lash out against Plaintiffs on behalf of his

purported Client.

49. That no recipient other than Cameron Jenkins PA had any legitimate interest in the contents of

the ‘Singer Response Letter’.

50. That Defendants’ transmission of the ‘Singer Response Letter’ constitutes a violation of New

York Attorney’s Rules of Professional conduct.

51. By virtue of the Jeb Singer and J. Singer Group PLLC wrongful conduct, they have severely

damaged Plaintiff Tarry’s reputation and harmed MBA’s value. In the absence of these

Defendants’ wrongful acts, Plaintiffs would have been able to have closed a lucrative portfolio

sale with the recipients of the Singer Response Letter. In turn this would have resulted in the

significant increase in value of MBA and significant payments to Tarry.

52. As a direct and proximate result of the Jeb Singer and J. Singer Law Group PLLC tortious

interference with Plaintiffs’ prospective economic advantage, Plaintiffs Tarry and MBA have each

suffered damages in an amount to be determined at trial,but presently believed to be at least

$75,000 dollars.

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AS AND FOR A SECOND CAUSE OF ACTION

(Intentional Infliction of Emotional Distress)

53. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 41 as

if set forth fully herein.

54. That on January 6, 2017 defendants willfully, maliciously, and wrongfully transmitted the ‘Singer

Response Letter’ to Plaintiffs third party business partners and potential business partners for no

other reason than to cause harm to Plaintiffs. Alternatively, defendants acted with reckless

disregard for the probability that they would cause Plaintiff Tarry to suffer emotional distress.

55. Defendants conduct was extreme and outrageous, beyond all possible bounds of decency, utterly

intolerable in the legal community, and without privilege.

56. That no recipient other than Cameron Jenkins PA had any legitimate interest in the contents of

the Jeb Singer Response Letter.

57. That Defendants’ transmission of the Jeb Singer Response letter constitutes a violation of New

York Attorney’s Rules of Professional conduct.

58. As a direct and proximate result of Defendants’ actions, Plaintiff Tarry has suffered extreme

embarrassment and humiliation and severe mental and emotional stress Plaintiff Tarry has

suffered damages in an amount to be determined at trial,but presently believed to be at least

$75,000 dollars.

59. Plaintiffs are, and with a high degree of likelihood will continue to be, inflicted with emotional

distress due to the intentional acts of Defendants.

AS AND FOR A THIRD CAUSE OF ACTION

(Tortious Interference with Contractual Relationship)

60. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 41 as

if set forth fully herein.

61. MBA and First Data were parties to a valid Marketing Agreement dated May 21, 2015.

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62. That on January 6, 2017, Jeb Singer had knowledge that MBA and First Data were parties to the

Marketing Agreement dated May 21, 2015 when he transmitted the ‘Singer Response Letter’ to

First Data employees.

63. The Jeb Singer transmission of the Singer Response Letter caused First Data to breach the May

21, 2015 Marketing Agreement as set forth First Data’s January 18, 2016 ‘Notice of Termination

of Marketing Agreement dated May 21, 2015 between MBA and First Data’ which explicitly

states that the grounds were that ‘First Data was copied on relating to a dispute MBA is currently

having with one of its agents/sub-ISO’s (Rosa Guakil) as First Data could not find a single record

of MBA requesting that Ms.Guakil be registered under MBA to market and sell First Data’s

merchant program.”

64. The carbon copy of the Singer Response Letter was intentional and improper because Jeb Singer

violated Rule 4.4 New York Rule of Professional Conduct by transmitting the ‘Singer Response

Letter’ that had no substantial purpose other than to harm MBA and Tarry.

65. Plaintiffs suffered damages as a result of Defendant transmitting the Singer Response Letter to

First Data because First Data’s termination of the Marketing Agreement has caused damages to

MBA in lost processing for MBA’s merchant accounts.

WHEREFORE, it is respectfully requested that this Court issue Judgment as follows:

i. On the First Claim: entering judgment in favor of Plaintiff Tarry and Plaintiff MBA in an

amount to be determined at trial but believed to be no less than $75,000 for each Plaintiff

ii. On the Second Claim: entering a judgment in favor of Defendant Tarry in an amount to

be determined at trial but believed to be no less than $75,000

iii. On the Third Claim: entering judgment in favor of Defendant MBA in an amount to be

determined at trial but believe to be no less than $75,000

iv. On all causes of action: Reasonable attorney fees and costs and disbursements of this

action

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v. Such further and different relief as this Court deems just and proper.

Dated:
March 27, 2017

Cameron Jenkins, Esq.

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Complaint,Petition: Maurice S Tarry, Merchant Business Alliance Llc v. Jeb Singer, J. Singer Law Group, Pllc

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