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INDEX NO. 650159/2017
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/10/2017
SUPREME COURT OF THE COUNTY OF NEW YORK
STATE OF NEW YORK: COUNTY OF NEW YORK
Index No.:
CACH, LLC,
Plaintiff, Date Purchased
SUMMONS
VS.
The basis of the venue designated is
[—] The defendant resides in the
NASSER VICTORY, County of New York
Defendant. The transaction took place in the
County of New York
To the above named Defendant:
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 Plaintiff's Attorney(s) at the address stated below 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.
Amherst, NY
Dated Fast Av
Meebo’ 2772 ole
Wjlliam C. Grossman L , PLLC
Attorneys for Plaintiff
By: William C. Grossman, Esq.
Darleen V. Karaszewski, Esq.
Daniel S. Gvertz, Esq.
5965 Transit Road, Suite 500
East Amherst, New York 14051
(888) 201-6643
TO: NASSER VICTORY
425 E 58TH ST APT 30F
NEW YORK, NY 10022
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SUPREME COURT OF THE COUNTY OF NEW YORK
STATE OF NEW YORK: COUNTY OF NEW YORK
CACH, LLC,
Plaintiff, Index No.:
VS.
NASSER VICTORY, COMPLAINT
Defendant.
Plaintiff, CACH, LLC, by its attorneys, WILLIAM C. GROSSMAN Law, PLLC,
complaining of the Defendant, Nasser Victory, alleges the following:
1 Plaintiff, CACH, LLC, is and has been a limited liability company duly
organized and existing under and by virtue of the laws of the State of Colorado and with a
principal place of business located at 6300 S. Syracuse Way, #300, City of Centennial, State of
Colorado at all times hereinafter mentioned.
2 Plaintiff is the assignee or purchaser of all rights and privileges of the original
creditor, JPMorgan Chase Bank, N.A. (hereinafter referred to as “Original Creditor”), which
gave a Commercial Line of Credit Account to the Defendant. Plaintiff is duly licensed with the
City of New York Department of Consumer Affairs, license number 1253378.
3 Upon information and belief, Defendant, Nasser Victory is and has been a
natural person residing at 425 East 58th Street Apartment 30F, New York, NY 10022 which is
located in New York County.
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PLAINTIFF’S STANDING TO SUE
4 Plaintiff repeats, realleges, and incorporates by reference all preceding
allegations as if set forth in their entirety below.
5 On or about February 6, 2007, Defendant executed a Promissory Note with
Original Creditor. See Exhibit A.
6 On or about February 6, 2007, Defendant executed a contract entitled
CONTINUING UNLIMITED GUARANTY.
7 states that, in consideration
The CONTINUING UNLIMITED GUARANTY
for the Original Creditor extending a commercial line of credit to the Defendant’s Business,
Defendant agrees to be jointly and severally liable for the repayment of the balance existing on
the line of credit individually.
8 On or about August 19, 2014, Original Creditor sold Defendant’s account to
Plaintiff, CACH, LLC. A copy of the redacted Bill of Sale evidencing transfer of Defendant’s
account to Plaintiff is attached hereto as Exhibit B.
COUNT ONE — BREACH OF CONTRACT
9 Plaintiff repeats, realleges, and incorporates by reference all preceding allegations
as if set fort in their entirety below.
10. On or about February 6, 2007, Defendant obtained a Commercial Line of
Credit Account from the Original Creditor on behalf of his business.
11. The limit of the line of credit was $15,000. See Exhibit A.
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12. Upon information and belief, Defendant used the funds of the commercial line
of credit for a business, commercial, agricultural, or similar enterprise purpose, and that no
advances made under Note were used for any personal, family, or household purpose. See
Exhibit A, Additional Terms, page 4, paragraph 5.
13. Pursuant to the terms of the contract, Defendant agreed to make payments on
the same day of each month. See Exhibit A.
14. Upon information and belief, Defendant used funds available through the line
of credit and drew on funds available throughout the duration of the loan period.
15. Defendant made payments on the account until on or about April 8, 2011.
16. The promissory note details events which the Defendant and Original Creditor
agreed would constitute a default of the agreement. See Exhibit A, Additional Terms.
17. The promissory note states that a default would occur in the event that
Borrower, Guarantor, or any Other Guarantor of any of the Indebtedness, fails to pay when due
any amount payable under any of the Indebtedness. See Exhibit A, Additional Terms, page 2,
paragraph 3.
18. Defendant breached its contract with Original Creditor as it has failed to
make payments toward the balance of its account since on or about April 8, 2011.
19. The principal balance due is $7,579.38.
20. Plaintiff demanded payment but Defendant has failed to satisfy its obligation
to Plaintiff. By failing to pay Plaintiff as required by the contract, Defendant has breached the
contract.
21. Plaintiff has been damaged as a direct result of Defendant’s breach.
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Count Two — UNJUST ENRICHMENT
22. Plaintiff repeats, realleges, and incorporates by reference all preceding
allegations as if set forth in their entirety below.
23. As assignee of Original Creditor’s rights under the contract, Plaintiff is
entitled to repayment of the remaining balance extended to Defendant under the terms of the
Promissory Note.
24. Defendant has failed to remit to Plaintiff the money owed by Defendant under the
terms of the contract.
25. As a result, Defendant has been unjustly enriched and has benefited at the
direct expense of Plaintiff.
COUNT THREE — GUARANTOR’S BREACH OF CONTRACT
26. Plaintiff repeats, realleges, and incorporates by reference all preceding
allegations.
27. As part of Defendant’s contract with Original Creditor, Defendant executed a
Personal Guaranty for the debt. The Personal Guaranty is incorporated into the Promissory Note.
28. The Personal Guaranty makes Defendant, along with Defendant’s business,
jointly and severally liable for the debt under the terms of the contract.
29. As explained above, Defendant has defaulted on his obligations.
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30. Plaintiff has demanded payment from Defendant and said Defendant has not
satisfied the obligation as required by the guaranty.
31. Accordingly, Defendant has breached the guaranty contract.
32. Plaintiff has been damaged asa direct result of Defendant’s breach.
WHEREFORE, Plaintiff respectfully requests judgment against the Defendant, Nasser
Victory, as follows:
a, Against Defendant Nasser Victory on its First Cause of Action in the sum of
$7,579.38; and
Against Defendant Nasser Victory on its Second Cause of Action in the sum of
$7,579.38; and
Against Defendant Nasser Victory on its Third Cause of Action in the sum of
$7,579.38; and
Interest from the date of any judgment granted or ordered; and
All costs and disbursements of this action; and
For such other and further relief as this Court deems just, equitable, and proper.
Dated: st Amherst, New York WILLIAM C. GROSSMAN LAW, PLLC
L. Lue LT » 2016 Attorneys for Plainti
Ll
By: William C. Grossman, Esq.
Darleen V. Karaszewski, Esq.
Daniel S. Gvertz, Esq.
5965 Transit Road, Suite 500
East Amherst, New York 14051
T: (888) 201-6643
To:
NASSER VICTORY
425 E 58TH ST APT 30F
NEW YORK, NY 10022
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INDEX NO. 650159/2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/10/2017 SUPREME COURT OF THE COUNTY OF NEW YORK STATE OF NEW YORK: COUNTY OF NEW YORK Index No.: CACH, LLC, Plaintiff, Date Purchased SUMMONS VS. The basis of the venue designated is [—] The defendant resides in the NASSER VICTORY, County of New York Defendant. The transaction took place in the County of New York To the above named Defendant: 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 Plaintiff's Attorney(s) at the address stated below 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. Amherst, NY Dated Fast Av Meebo’ 2772 ole Wjlliam C. Grossman L , PLLC Attorneys for Plaintiff By: William C. Grossman, Esq. Darleen V. Karaszewski, Esq. Daniel S. Gvertz, Esq. 5965 Transit Road, Suite 500 East Amherst, New York 14051 (888) 201-6643 TO: NASSER VICTORY 425 E 58TH ST APT 30F NEW YORK, NY 10022 1 of 6 SUPREME COURT OF THE COUNTY OF NEW YORK STATE OF NEW YORK: COUNTY OF NEW YORK CACH, LLC, Plaintiff, Index No.: VS. NASSER VICTORY, COMPLAINT Defendant. Plaintiff, CACH, LLC, by its attorneys, WILLIAM C. GROSSMAN Law, PLLC, complaining of the Defendant, Nasser Victory, alleges the following: 1 Plaintiff, CACH, LLC, is and has been a limited liability company duly organized and existing under and by virtue of the laws of the State of Colorado and with a principal place of business located at 6300 S. Syracuse Way, #300, City of Centennial, State of Colorado at all times hereinafter mentioned. 2 Plaintiff is the assignee or purchaser of all rights and privileges of the original creditor, JPMorgan Chase Bank, N.A. (hereinafter referred to as “Original Creditor”), which gave a Commercial Line of Credit Account to the Defendant. Plaintiff is duly licensed with the City of New York Department of Consumer Affairs, license number 1253378. 3 Upon information and belief, Defendant, Nasser Victory is and has been a natural person residing at 425 East 58th Street Apartment 30F, New York, NY 10022 which is located in New York County. 2 of 6 PLAINTIFF’S STANDING TO SUE 4 Plaintiff repeats, realleges, and incorporates by reference all preceding allegations as if set forth in their entirety below. 5 On or about February 6, 2007, Defendant executed a Promissory Note with Original Creditor. See Exhibit A. 6 On or about February 6, 2007, Defendant executed a contract entitled CONTINUING UNLIMITED GUARANTY. 7 states that, in consideration The CONTINUING UNLIMITED GUARANTY for the Original Creditor extending a commercial line of credit to the Defendant’s Business, Defendant agrees to be jointly and severally liable for the repayment of the balance existing on the line of credit individually. 8 On or about August 19, 2014, Original Creditor sold Defendant’s account to Plaintiff, CACH, LLC. A copy of the redacted Bill of Sale evidencing transfer of Defendant’s account to Plaintiff is attached hereto as Exhibit B. COUNT ONE — BREACH OF CONTRACT 9 Plaintiff repeats, realleges, and incorporates by reference all preceding allegations as if set fort in their entirety below. 10. On or about February 6, 2007, Defendant obtained a Commercial Line of Credit Account from the Original Creditor on behalf of his business. 11. The limit of the line of credit was $15,000. See Exhibit A. 3 of 6 12. Upon information and belief, Defendant used the funds of the commercial line of credit for a business, commercial, agricultural, or similar enterprise purpose, and that no advances made under Note were used for any personal, family, or household purpose. See Exhibit A, Additional Terms, page 4, paragraph 5. 13. Pursuant to the terms of the contract, Defendant agreed to make payments on the same day of each month. See Exhibit A. 14. Upon information and belief, Defendant used funds available through the line of credit and drew on funds available throughout the duration of the loan period. 15. Defendant made payments on the account until on or about April 8, 2011. 16. The promissory note details events which the Defendant and Original Creditor agreed would constitute a default of the agreement. See Exhibit A, Additional Terms. 17. The promissory note states that a default would occur in the event that Borrower, Guarantor, or any Other Guarantor of any of the Indebtedness, fails to pay when due any amount payable under any of the Indebtedness. See Exhibit A, Additional Terms, page 2, paragraph 3. 18. Defendant breached its contract with Original Creditor as it has failed to make payments toward the balance of its account since on or about April 8, 2011. 19. The principal balance due is $7,579.38. 20. Plaintiff demanded payment but Defendant has failed to satisfy its obligation to Plaintiff. By failing to pay Plaintiff as required by the contract, Defendant has breached the contract. 21. Plaintiff has been damaged as a direct result of Defendant’s breach. 4 of 6 Count Two — UNJUST ENRICHMENT 22. Plaintiff repeats, realleges, and incorporates by reference all preceding allegations as if set forth in their entirety below. 23. As assignee of Original Creditor’s rights under the contract, Plaintiff is entitled to repayment of the remaining balance extended to Defendant under the terms of the Promissory Note. 24. Defendant has failed to remit to Plaintiff the money owed by Defendant under the terms of the contract. 25. As a result, Defendant has been unjustly enriched and has benefited at the direct expense of Plaintiff. COUNT THREE — GUARANTOR’S BREACH OF CONTRACT 26. Plaintiff repeats, realleges, and incorporates by reference all preceding allegations. 27. As part of Defendant’s contract with Original Creditor, Defendant executed a Personal Guaranty for the debt. The Personal Guaranty is incorporated into the Promissory Note. 28. The Personal Guaranty makes Defendant, along with Defendant’s business, jointly and severally liable for the debt under the terms of the contract. 29. As explained above, Defendant has defaulted on his obligations. 5 of 6 30. Plaintiff has demanded payment from Defendant and said Defendant has not satisfied the obligation as required by the guaranty. 31. Accordingly, Defendant has breached the guaranty contract. 32. Plaintiff has been damaged asa direct result of Defendant’s breach. WHEREFORE, Plaintiff respectfully requests judgment against the Defendant, Nasser Victory, as follows: a, Against Defendant Nasser Victory on its First Cause of Action in the sum of $7,579.38; and Against Defendant Nasser Victory on its Second Cause of Action in the sum of $7,579.38; and Against Defendant Nasser Victory on its Third Cause of Action in the sum of $7,579.38; and Interest from the date of any judgment granted or ordered; and All costs and disbursements of this action; and For such other and further relief as this Court deems just, equitable, and proper. Dated: st Amherst, New York WILLIAM C. GROSSMAN LAW, PLLC L. Lue LT » 2016 Attorneys for Plainti Ll By: William C. Grossman, Esq. Darleen V. Karaszewski, Esq. Daniel S. Gvertz, Esq. 5965 Transit Road, Suite 500 East Amherst, New York 14051 T: (888) 201-6643 To: NASSER VICTORY 425 E 58TH ST APT 30F NEW YORK, NY 10022 6 of 6