Preview
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------X Index No.
THE LCF GROUP, INC.,
Petitioner, VERIFIED PETITION
-against-
CURRY N GRILL LLC D/B/A BD
INTERNATIONAL MARKET AKA HALAL
CHINA BISTRO AKA CURRY N GRILL,
BUSY BEE WINGS & GRILL LLC,
SYED MONOAR LLC, AND SYED MONOWAR,
Respondent(s).
---------------------------------------X
Petitioner THE LCF GROUP, INC., (“Petitioner" or “LCF"), by and
through its attorneys, The Feldman Law Firm, P.C., as and for
LCF's Petition herein, alleges as follows:
NATURE OF THE PROCEEDING
1. This is a Special Proceeding, brought pursuant to Section
7502(a) and Section 7510 of the New York Civil Practice and
Rules (“CPLR”), to confirm an arbitration award rendered by a
panel of the Mediation & Civil Arbitration, Inc. (“Mediation &
Civil Arbitration, Inc.”), on or about June 26, 2023 (the
'Arbitration Award"), in the arbitration entitled THE LCF GROUP,
INC., v. CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA
HALAL CHINA BISTRO AKA CURRY N GRILL, BUSY BEE WINGS & GRILL
LLC, SYED MONOAR LLC AND SYED MONOWAR, Mediation & Civil
Arbitration, Inc. Claim No.: 44417/2023 (hereinafter
1 of 8
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023
“Arbitration Award”). The Arbitration took place in New York
County. A true and correct copy of the Arbitration Award is
annexed hereto as Exhibit “1”.
PARTIES, JURISDICTION AND VENUE
2. Petitioner is a corporation organized and existing under the
laws of the State of New York with a principal place of business
located at 3000 Marcus Avenue, Suite 2W15, Lake Success, NY
11042.
3. Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET
AKA HALAL CHINA BISTRO AKA CURRY N GRILL is a Limited Liability
Company organized under the laws of Ohio, with a principal place
of business located at 7766 Henry David Ct, Dublin, OH 43016.
4. Upon information and belief respondent BUSY BEE WINGS & GRILL
LLC is a Limited Liability Company organized under the laws of
Ohio, with a principal place of business located at 7766 Henry
David Ct, Dublin, OH 43016.
4. Upon information and belief respondent SYED MONOAR LLC is a
Limited Liability Company organized under the laws of Ohio, with
a principal place of business located at 7766 Henry David Ct,
Dublin, OH 43016.
5. Respondent SYED MONOWAR is an individual residing and
domiciled at 7766 Henry David Ct, Dublin, OH 43016.
6. Venue is proper in this County pursuant to CPLR §§7502(a) and
§503(a)&(b).
2 of 8
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023
FACTS
7. On or about February 21, 2023, CURRY N GRILL LLC D/B/A BD
INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL
and Petitioner entered into an agreement (the “Agreement”)
whereby Petitioner agreed to purchase a certain percentage of
Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA
HALAL CHINA BISTRO AKA CURRY N GRILL future receivables and
sales proceeds having a face value of $62,100.00. A true and
correct copy of the Agreement is annexed hereto as Exhibit '2".
The purchase price for these receivables was $45,000.00, which
was remitted shortly thereafter on or about February 21, 2023.
8. Petitioner has performed all the conditions and terms under
its part to be performed and all conditions precedent to the
initiation of this action have been fulfilled by the Petitioner.
9. Furthermore, in consideration of LCF’s acceptance of the
Agreement, BUSY BEE WINGS & GRILL LLC (“Corporate Guarantor”)
unconditionally guaranteed CURRY N GRILL LLC D/B/A BD
INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL’s
performance of its obligations under the Agreement.
Additionally, Corporate Guarantor wave notice of default and
agree to indemnify any and all funds due from CURRY N GRILL LLC
D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N
GRILL pursuant to the terms of the agreement together with any
3 of 8
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023
costs and disbursements incurred, and default fees provided for
pursuant to the agreement, as well as 33.33% in attorney’s fees.
10. Respondent SYED MONOWAR signed the agreement as an
authorized representative of Respondent CURRY N GRILL LLC D/B/A
BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N
GRILL.
11. Respondent SYED MONOWAR signed the agreement as an
authorized representative of Respondents.
12. The Agreement provided, among other things, that Respondent
CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA
BISTRO AKA CURRY N GRILL was obligated to deposit all of
Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA
HALAL CHINA BISTRO AKA CURRY N GRILL daily sales proceeds into
aforesaid designated business account and that Petitioner would
obtain its specified percentage of Sixteen Percent (16 %) of
Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA
HALAL CHINA BISTRO AKA CURRY N GRILL daily sales proceeds (the
“Specified Percentage”) until such time that Petitioner received
the full Purchased Amount.
13. Additionally, Respondent SYED MONOWAR executed a personal
guaranty of performance, guarantying that Respondent CURRY N
GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO
AKA CURRY N GRILL would not breach the performance obligations
under the Agreement. The personal guaranty provided that Respondent
4 of 8
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023
SYED MONOWAR would be liable in the event Respondent CURRY N GRILL
LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA
CURRY N GRILL interfered or otherwise breached performance
obligations inter alia frustrating Petitioner's collection of its
specified percentage of Respondent CURRY N GRILL LLC D/B/A BD
INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL
daily sale proceeds.
14. Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET
AKA HALAL CHINA BISTRO AKA CURRY N GRILL initially made Specified
Percentage payments through automatic debits; however, as of May 3,
2023, Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET
AKA HALAL CHINA BISTRO AKA CURRY N GRILL has continuously failed
to meet its obligations. This constitutes a default under the terms
of the Agreement.
15. Section VI of the Agreement provides, in part: “Notwithstanding
the foregoing, any dispute, claim or controversy arising out of or
relating to this agreement, the security agreement or the
guaranty(s) herein, or the breach of any of the said agreement,
security agreement or the guaranty(s), shall be, at the election of
either party, settled by arbitration administered by Mediation and
Civil Arbitration, Inc. (www.mcarbitration.org) in accordance with
its Arbitration Rules & Procedures effective at the time of the
claim is made, and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction
5 of 8
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023
thereof. An election to arbitration by either party shall be deemed
effective by the commencement of an arbitration proceeding with
Mediation and Civil Arbitration, Inc. …”
16. Accordingly, on or about May 19, 2023, LCF commenced the
Arbitration by filing, with Mediation & Civil Arbitration, Inc., a
Demand for Arbitration and Arbitration Statement. A true and
correct copy of the Demand for Arbitration is annexed hereto as
Exhibit “3”. A true and correct copy of the Arbitration Statement
is annexed hereto as Exhibit “4”.
17. Pursuant to Mediation & Civil Arbitration, Inc.'s Commercial
Arbitration Rules, on May 19, 2023, Respondents were served with
Petitioner's Demand for Arbitration and Arbitration Statement - as
well as a copy of Mediation & Civil Arbitration, Inc.'s Commercial
Arbitration Rules. Upon notice of Arbitration, Respondents' time to
interpose a response within seven (7) days commenced.
18. Mediation & Civil Arbitration, Inc. issued a Final Arbitration
Award in favor of Petitioner on or about June 26, 2023.
19. Additionally, under Mediation & Civil Arbitration, Inc.'s
Commercial Arbitration Rules, the prevailing party is entitled to
additional damages comprising reimbursement from the losing party
of all arbitration costs and fees added to the Final Arbitration
Award. Petitioner, as prevailing party, is entitled to additional
damages from Respondents in the sum of Sixteen Percent USD ($16)
(“Additional Damages”) for reimbursement of Mediation & Civil
Arbitration, Inc. filing fees.
6 of 8
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023
20. This Petition has been brought within one year after the
delivery of the Arbitration Award to both Petitioner and
Respondents, and the Arbitration Award has not been vacated or
modified upon any grounds enumerated in CPLR Section 7511 as none
exist.
21. No prior application for relief has been sought in this court
or in any court.
PRAYER FOR RELIEF
WHEREFORE, Petitioner THE LCF GROUP, INC., respectfully prays for a
Judgment pursuant to CPLR Section 7514(a), judicially confirming
the Arbitration Award annexed hereto as Exhibit 1 in the amount of
$Five Hundred, plus an award of interest from the June 26, 2023,
all of Petitioner's costs of confirming this Final Arbitration
Award by a Court of competent jurisdiction as well as such other
costs and relief as the Court deems proper.
Dated: July 5, 2023
Lake Success, New York
The Feldman Law Firm, P.C.
Attorneys for Plaintiff
By: ________________________
Adam J. Feldman
3000 Marcus Ave, Suite 2W15
Lake Success, NY 11042
212.244.4422
7 of 8
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------X Index No.
THE LCF GROUP, INC.,
Petitioner, VERIFICATION
-against-
CURRY N GRILL LLC D/B/A BD
INTERNATIONAL MARKET AKA HALAL
CHINA BISTRO AKA CURRY N GRILL,
BUSY BEE WINGS & GRILL LLC,
SYED MONOAR LLC, AND SYED MONOWAR,
Respondent(s).
---------------------------------------X
STATE OF NEW YORK }
} ss:
COUNTY OF NASSAU }
ROBERT KLEIBER, being duly sworn, deposes and says:
That he is the Chief Financial Officer of Petitioner in the above-
captioned action; that he has read the annexed Verified Petition
and knows the contents thereof and that they are true to his
knowledge, except for those matters which are stated to be alleged
upon “information and belief” and so to those matters he believes
them to be true.
____________________________
Robert Kleiber
So sworn to before me
July 5, 2023
______________________
Notary Public
8 of 8
Preview
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------X Index No. THE LCF GROUP, INC., Petitioner, VERIFIED PETITION -against- CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL, BUSY BEE WINGS & GRILL LLC, SYED MONOAR LLC, AND SYED MONOWAR, Respondent(s). ---------------------------------------X Petitioner THE LCF GROUP, INC., (“Petitioner" or “LCF"), by and through its attorneys, The Feldman Law Firm, P.C., as and for LCF's Petition herein, alleges as follows: NATURE OF THE PROCEEDING 1. This is a Special Proceeding, brought pursuant to Section 7502(a) and Section 7510 of the New York Civil Practice and Rules (“CPLR”), to confirm an arbitration award rendered by a panel of the Mediation & Civil Arbitration, Inc. (“Mediation & Civil Arbitration, Inc.”), on or about June 26, 2023 (the 'Arbitration Award"), in the arbitration entitled THE LCF GROUP, INC., v. CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL, BUSY BEE WINGS & GRILL LLC, SYED MONOAR LLC AND SYED MONOWAR, Mediation & Civil Arbitration, Inc. Claim No.: 44417/2023 (hereinafter 1 of 8 FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023 “Arbitration Award”). The Arbitration took place in New York County. A true and correct copy of the Arbitration Award is annexed hereto as Exhibit “1”. PARTIES, JURISDICTION AND VENUE 2. Petitioner is a corporation organized and existing under the laws of the State of New York with a principal place of business located at 3000 Marcus Avenue, Suite 2W15, Lake Success, NY 11042. 3. Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL is a Limited Liability Company organized under the laws of Ohio, with a principal place of business located at 7766 Henry David Ct, Dublin, OH 43016. 4. Upon information and belief respondent BUSY BEE WINGS & GRILL LLC is a Limited Liability Company organized under the laws of Ohio, with a principal place of business located at 7766 Henry David Ct, Dublin, OH 43016. 4. Upon information and belief respondent SYED MONOAR LLC is a Limited Liability Company organized under the laws of Ohio, with a principal place of business located at 7766 Henry David Ct, Dublin, OH 43016. 5. Respondent SYED MONOWAR is an individual residing and domiciled at 7766 Henry David Ct, Dublin, OH 43016. 6. Venue is proper in this County pursuant to CPLR §§7502(a) and §503(a)&(b). 2 of 8 FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023 FACTS 7. On or about February 21, 2023, CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL and Petitioner entered into an agreement (the “Agreement”) whereby Petitioner agreed to purchase a certain percentage of Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL future receivables and sales proceeds having a face value of $62,100.00. A true and correct copy of the Agreement is annexed hereto as Exhibit '2". The purchase price for these receivables was $45,000.00, which was remitted shortly thereafter on or about February 21, 2023. 8. Petitioner has performed all the conditions and terms under its part to be performed and all conditions precedent to the initiation of this action have been fulfilled by the Petitioner. 9. Furthermore, in consideration of LCF’s acceptance of the Agreement, BUSY BEE WINGS & GRILL LLC (“Corporate Guarantor”) unconditionally guaranteed CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL’s performance of its obligations under the Agreement. Additionally, Corporate Guarantor wave notice of default and agree to indemnify any and all funds due from CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL pursuant to the terms of the agreement together with any 3 of 8 FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023 costs and disbursements incurred, and default fees provided for pursuant to the agreement, as well as 33.33% in attorney’s fees. 10. Respondent SYED MONOWAR signed the agreement as an authorized representative of Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL. 11. Respondent SYED MONOWAR signed the agreement as an authorized representative of Respondents. 12. The Agreement provided, among other things, that Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL was obligated to deposit all of Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL daily sales proceeds into aforesaid designated business account and that Petitioner would obtain its specified percentage of Sixteen Percent (16 %) of Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL daily sales proceeds (the “Specified Percentage”) until such time that Petitioner received the full Purchased Amount. 13. Additionally, Respondent SYED MONOWAR executed a personal guaranty of performance, guarantying that Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL would not breach the performance obligations under the Agreement. The personal guaranty provided that Respondent 4 of 8 FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023 SYED MONOWAR would be liable in the event Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL interfered or otherwise breached performance obligations inter alia frustrating Petitioner's collection of its specified percentage of Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL daily sale proceeds. 14. Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL initially made Specified Percentage payments through automatic debits; however, as of May 3, 2023, Respondent CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL has continuously failed to meet its obligations. This constitutes a default under the terms of the Agreement. 15. Section VI of the Agreement provides, in part: “Notwithstanding the foregoing, any dispute, claim or controversy arising out of or relating to this agreement, the security agreement or the guaranty(s) herein, or the breach of any of the said agreement, security agreement or the guaranty(s), shall be, at the election of either party, settled by arbitration administered by Mediation and Civil Arbitration, Inc. (www.mcarbitration.org) in accordance with its Arbitration Rules & Procedures effective at the time of the claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction 5 of 8 FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023 thereof. An election to arbitration by either party shall be deemed effective by the commencement of an arbitration proceeding with Mediation and Civil Arbitration, Inc. …” 16. Accordingly, on or about May 19, 2023, LCF commenced the Arbitration by filing, with Mediation & Civil Arbitration, Inc., a Demand for Arbitration and Arbitration Statement. A true and correct copy of the Demand for Arbitration is annexed hereto as Exhibit “3”. A true and correct copy of the Arbitration Statement is annexed hereto as Exhibit “4”. 17. Pursuant to Mediation & Civil Arbitration, Inc.'s Commercial Arbitration Rules, on May 19, 2023, Respondents were served with Petitioner's Demand for Arbitration and Arbitration Statement - as well as a copy of Mediation & Civil Arbitration, Inc.'s Commercial Arbitration Rules. Upon notice of Arbitration, Respondents' time to interpose a response within seven (7) days commenced. 18. Mediation & Civil Arbitration, Inc. issued a Final Arbitration Award in favor of Petitioner on or about June 26, 2023. 19. Additionally, under Mediation & Civil Arbitration, Inc.'s Commercial Arbitration Rules, the prevailing party is entitled to additional damages comprising reimbursement from the losing party of all arbitration costs and fees added to the Final Arbitration Award. Petitioner, as prevailing party, is entitled to additional damages from Respondents in the sum of Sixteen Percent USD ($16) (“Additional Damages”) for reimbursement of Mediation & Civil Arbitration, Inc. filing fees. 6 of 8 FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023 20. This Petition has been brought within one year after the delivery of the Arbitration Award to both Petitioner and Respondents, and the Arbitration Award has not been vacated or modified upon any grounds enumerated in CPLR Section 7511 as none exist. 21. No prior application for relief has been sought in this court or in any court. PRAYER FOR RELIEF WHEREFORE, Petitioner THE LCF GROUP, INC., respectfully prays for a Judgment pursuant to CPLR Section 7514(a), judicially confirming the Arbitration Award annexed hereto as Exhibit 1 in the amount of $Five Hundred, plus an award of interest from the June 26, 2023, all of Petitioner's costs of confirming this Final Arbitration Award by a Court of competent jurisdiction as well as such other costs and relief as the Court deems proper. Dated: July 5, 2023 Lake Success, New York The Feldman Law Firm, P.C. Attorneys for Plaintiff By: ________________________ Adam J. Feldman 3000 Marcus Ave, Suite 2W15 Lake Success, NY 11042 212.244.4422 7 of 8 FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------X Index No. THE LCF GROUP, INC., Petitioner, VERIFICATION -against- CURRY N GRILL LLC D/B/A BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL, BUSY BEE WINGS & GRILL LLC, SYED MONOAR LLC, AND SYED MONOWAR, Respondent(s). ---------------------------------------X STATE OF NEW YORK } } ss: COUNTY OF NASSAU } ROBERT KLEIBER, being duly sworn, deposes and says: That he is the Chief Financial Officer of Petitioner in the above- captioned action; that he has read the annexed Verified Petition and knows the contents thereof and that they are true to his knowledge, except for those matters which are stated to be alleged upon “information and belief” and so to those matters he believes them to be true. ____________________________ Robert Kleiber So sworn to before me July 5, 2023 ______________________ Notary Public 8 of 8