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FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/05/2023
MEDIATION & CIVIL ARBITRATION,
INC.: COMMERCIAL ARBITRATION
THE LCF GROUP, INC.,
MCA Claim No.: 44417/2023
Claimant,
v.
CURRY N GRILL LLC DBA BD FINAL ARBITRATION AWARD
INTERNATIONAL MARKET AKA HALAL
CHINA BISTRO AKA CURRY N GRILL, BUSY
BEE WINGS & GRILL LLC, SYED MONOAR
LLC AND SYED MONOWAR,
Respondents.
Arbitral Seat: New York, New York
Award Date: June 26, 2023
Arbitrator: Amanda Becker
Amanda Becker, the undersigned, an arbitrator duly appointed under the prevailing
Commercial Arbitration Rules of MEDIATION & CIVIL ARBITRATION, INC. (hereinafter,
“MCA”) in the above-captioned matter, hereby makes the following factual findings, legal
conclusions, and final arbitral award:
A. Factual Findings.
1. By way of written Merchant Agreement and Security Agreement for the Purchase
& Sale of Future Receivables Agreement dated February 21, 2023, (hereinafter, the
“Agreement”), The LCF Group, (hereinafter, “Claimant”) agreed to enter into a non-recourse
merchant cash advance transaction to purchase a face value of $62,100.00 for a purchase price
of $45,000.00 of future receivables of respondent URRY N GRILL LLC DBA BD
INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL,
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/05/2023
BUSY BEE WINGS & GRILL LLC, SYED MONOAR LLC and respondent SYED
MONOWAR (jointly hereinafter, “Respondents”).
2. Under the Agreement, Respondent covenanted to allow Claimant access to their
online banking accounts and repayment through ACH debits at all times unless and until
satisfaction of the Agreement has been made in-full.
3. Further, the Agreement provides that in the event of default, Claimant shall be
entitled to “the entire Purchased Amount and all fees (including reasonable attorney’s fees)”.
4. This action was brought pursuant to CPLR § 7501, “[a] written agreement to
submit any controversy thereafter arising or any existing controversy to arbitration is enforceable
without regard to the justiciable character of the controversy and confers jurisdiction on the
courts of the state to enforce it and to enter judgment on an award.”
5. Accordingly, the Agreement provided that “any dispute, claim or controversy
arising out of or relating to this agreement, the security agreement or the guaranty(s) herein, or
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 a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof.”
6. Sometime after execution of the Agreement, Respondent failed to meet its
obligations under the Agreement by blocking Claimant’s access to ACH debits.
7. As of May 03, 2023, Respondent maintained an outstanding balance due and
owing to Claimant in the amount of $40,555.05 (hereinafter, the “Balance”), exclusive of costs,
attorneys’ fees, and interest.
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/05/2023
8. Under both the Agreement, upon Respondents’ default, the Balance is accelerated,
a liquidated Default Fee of $5,070.00 is accrued, and liquidated counsel fees in the amount of
one-third of the Total Balance are awarded in the amount of $13,517.00, rendering Respondents’
total balance, consisting of Default Fees and attorneys’ fees, in sum total $59,142.05.
9. Claimant has submitted documentation to this Arbitral Tribunal, substantiating
their claim. Claimant provided an Arbitration Demand and Statement, as well as a true and
correct copy of the Agreement.
10. Accordingly, pursuant to CPLR § 7501, by virtue of Respondents’ default under
the Agreement and liquidated damages under the Agreement, Claimant is entitled to the entry of
award in the amount of $59,142.05.
B. Procedural Posture
11. Pursuant to the Agreement, the instant arbitration by and between Claimant and
Respondent was commenced before MCA by Claimant paying the Commercial Arbitration
Claim filing fee in the amount of Five hundred USD ($500.00).
12. Pursuant to the MCA Commercial Arbitration Rules, on May 19, 2023,
Respondent was served with Claimant’s Demand for Arbitration and Arbitration Statement – as
well as MCA’s Commercial Arbitration Rules – wherefore Respondents’ time to interpose a
response within fourteen (14) days commenced.
13. As of June 05, 2023, Respondents’ time to interpose a response to Claimant’s
Demand for Arbitration and Arbitration Statement elapsed without Respondents’ filing of a
responsive statement, rendering Respondent in default under MCA’s Commercial Arbitration
Rules.
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14. Furthermore, under MCA’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.
15. Here, Claimant, as the prevailing party, is entitled to additional damages from
Respondent in the sum of five hundred USD ($500.00) (hereinafter, “Additional Damages”) for
reimbursement of MCA filing fees.
FINAL ARBITRAL AWARD
WHEREFORE, I find Respondents’ default under the Agreement, entitling Claimant
to initiate the present arbitration, pursuant to CPLR § 7501, resulting in an Arbitral Award in
favor of Claimant and against Respondent for all liquidated damages, pursuant to the
Agreement, sums due and owing to Claimant in the amount of $59,142.05. I further find that
Claimant is entitled to an award of Additional Damages from Respondent under the
Commercial Arbitration Rules of the MCA in the amount of five hundred USD ($500.00), as
well as an award of all costs of confirming this Final Arbitral Award by a Court of competent
jurisdiction, and pre-judgment interest accruing from the date of Respondents’ default at nine-
percent (9%) per annum thereon.
As such, I hereby grant this Final Arbitral Award in favor of Claimant, jointly and
severally against respondent CURRY N GRILL LLC DBA BD INTERNATIONAL MARKET
AKA HALAL CHINA BISTRO AKA CURRY N GRILL, BUSY BEE WINGS & GRILL LLC,
SYED MONOAR LLC and respondent SYED MONOWAR individually in the amount
of $59,642.05 plus an award of all of Claimant’s costs of confirming this Final Arbitral Award
by a Court of competent jurisdiction, attorneys’ fees in the liquidated amount of thirty-three
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/05/2023
percent of the outstanding Balance due and owing to Claimant, and pre-judgment interest
accruing at nine-percent (9%) per annum thereon.
Amanda Becker, the undersigned, an attorney duly admitted to practice before the
Courts of the State of New York, hereby affirm the truth of the foregoing under penalties of
perjury pursuant to CPLR §2106(a).
Dated: New York, New York
June 26, 2023
____________________________
Arbitrator
To: The Feldman Law Firm, P.C.
Attn: Adam J. Feldman, Esq.
147 Willis Avenue
Mineola, NY 11501
(212) 244-4422
Attorneys for Claimant
Syed Monowar
2544 Bethel Road,
Columbus, Ohio 43220
smonoar@gmail.com
For All Respondents
Preview
FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/05/2023 MEDIATION & CIVIL ARBITRATION, INC.: COMMERCIAL ARBITRATION THE LCF GROUP, INC., MCA Claim No.: 44417/2023 Claimant, v. CURRY N GRILL LLC DBA BD FINAL ARBITRATION AWARD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL, BUSY BEE WINGS & GRILL LLC, SYED MONOAR LLC AND SYED MONOWAR, Respondents. Arbitral Seat: New York, New York Award Date: June 26, 2023 Arbitrator: Amanda Becker Amanda Becker, the undersigned, an arbitrator duly appointed under the prevailing Commercial Arbitration Rules of MEDIATION & CIVIL ARBITRATION, INC. (hereinafter, “MCA”) in the above-captioned matter, hereby makes the following factual findings, legal conclusions, and final arbitral award: A. Factual Findings. 1. By way of written Merchant Agreement and Security Agreement for the Purchase & Sale of Future Receivables Agreement dated February 21, 2023, (hereinafter, the “Agreement”), The LCF Group, (hereinafter, “Claimant”) agreed to enter into a non-recourse merchant cash advance transaction to purchase a face value of $62,100.00 for a purchase price of $45,000.00 of future receivables of respondent URRY N GRILL LLC DBA BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL, FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/05/2023 BUSY BEE WINGS & GRILL LLC, SYED MONOAR LLC and respondent SYED MONOWAR (jointly hereinafter, “Respondents”). 2. Under the Agreement, Respondent covenanted to allow Claimant access to their online banking accounts and repayment through ACH debits at all times unless and until satisfaction of the Agreement has been made in-full. 3. Further, the Agreement provides that in the event of default, Claimant shall be entitled to “the entire Purchased Amount and all fees (including reasonable attorney’s fees)”. 4. This action was brought pursuant to CPLR § 7501, “[a] written agreement to submit any controversy thereafter arising or any existing controversy to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award.” 5. Accordingly, the Agreement provided that “any dispute, claim or controversy arising out of or relating to this agreement, the security agreement or the guaranty(s) herein, or 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 a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.” 6. Sometime after execution of the Agreement, Respondent failed to meet its obligations under the Agreement by blocking Claimant’s access to ACH debits. 7. As of May 03, 2023, Respondent maintained an outstanding balance due and owing to Claimant in the amount of $40,555.05 (hereinafter, the “Balance”), exclusive of costs, attorneys’ fees, and interest. FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/05/2023 8. Under both the Agreement, upon Respondents’ default, the Balance is accelerated, a liquidated Default Fee of $5,070.00 is accrued, and liquidated counsel fees in the amount of one-third of the Total Balance are awarded in the amount of $13,517.00, rendering Respondents’ total balance, consisting of Default Fees and attorneys’ fees, in sum total $59,142.05. 9. Claimant has submitted documentation to this Arbitral Tribunal, substantiating their claim. Claimant provided an Arbitration Demand and Statement, as well as a true and correct copy of the Agreement. 10. Accordingly, pursuant to CPLR § 7501, by virtue of Respondents’ default under the Agreement and liquidated damages under the Agreement, Claimant is entitled to the entry of award in the amount of $59,142.05. B. Procedural Posture 11. Pursuant to the Agreement, the instant arbitration by and between Claimant and Respondent was commenced before MCA by Claimant paying the Commercial Arbitration Claim filing fee in the amount of Five hundred USD ($500.00). 12. Pursuant to the MCA Commercial Arbitration Rules, on May 19, 2023, Respondent was served with Claimant’s Demand for Arbitration and Arbitration Statement – as well as MCA’s Commercial Arbitration Rules – wherefore Respondents’ time to interpose a response within fourteen (14) days commenced. 13. As of June 05, 2023, Respondents’ time to interpose a response to Claimant’s Demand for Arbitration and Arbitration Statement elapsed without Respondents’ filing of a responsive statement, rendering Respondent in default under MCA’s Commercial Arbitration Rules. FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/05/2023 14. Furthermore, under MCA’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. 15. Here, Claimant, as the prevailing party, is entitled to additional damages from Respondent in the sum of five hundred USD ($500.00) (hereinafter, “Additional Damages”) for reimbursement of MCA filing fees. FINAL ARBITRAL AWARD WHEREFORE, I find Respondents’ default under the Agreement, entitling Claimant to initiate the present arbitration, pursuant to CPLR § 7501, resulting in an Arbitral Award in favor of Claimant and against Respondent for all liquidated damages, pursuant to the Agreement, sums due and owing to Claimant in the amount of $59,142.05. I further find that Claimant is entitled to an award of Additional Damages from Respondent under the Commercial Arbitration Rules of the MCA in the amount of five hundred USD ($500.00), as well as an award of all costs of confirming this Final Arbitral Award by a Court of competent jurisdiction, and pre-judgment interest accruing from the date of Respondents’ default at nine- percent (9%) per annum thereon. As such, I hereby grant this Final Arbitral Award in favor of Claimant, jointly and severally against respondent CURRY N GRILL LLC DBA BD INTERNATIONAL MARKET AKA HALAL CHINA BISTRO AKA CURRY N GRILL, BUSY BEE WINGS & GRILL LLC, SYED MONOAR LLC and respondent SYED MONOWAR individually in the amount of $59,642.05 plus an award of all of Claimant’s costs of confirming this Final Arbitral Award by a Court of competent jurisdiction, attorneys’ fees in the liquidated amount of thirty-three FILED: NASSAU COUNTY CLERK 07/05/2023 02:55 PM INDEX NO. 610559/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/05/2023 percent of the outstanding Balance due and owing to Claimant, and pre-judgment interest accruing at nine-percent (9%) per annum thereon. Amanda Becker, the undersigned, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirm the truth of the foregoing under penalties of perjury pursuant to CPLR §2106(a). Dated: New York, New York June 26, 2023 ____________________________ Arbitrator To: The Feldman Law Firm, P.C. Attn: Adam J. Feldman, Esq. 147 Willis Avenue Mineola, NY 11501 (212) 244-4422 Attorneys for Claimant Syed Monowar 2544 Bethel Road, Columbus, Ohio 43220 smonoar@gmail.com For All Respondents