Complaint,Petition: Ace Funding Source Llc v. Good Graces Llc d/b/a GOOD GRACES PHARMACY, Brandon Keith Gregory, Bobbi S Gregory

On September 07, 2023 a Complaint,Petition was filed involving a dispute between Ace Funding Source Llc, and Bobbi S Gregory, Brandon Keith Gregory, Good Graces Llc D B A Good Graces Pharmacy, for Commercial - Contract in the District Court of Kings County.

Preview
FILED: KINGS COUNTY CLERK 09/07/2023 03:00 PM INDEX NO. 525985/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/07/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------x
ACE FUNDING SOURCE LLC, Index No.

Plaintiff, VERIFIED COMPLAINT

-against-

GOOD GRACES LLC d/b/a GOOD GRACES
PHARMACY, BRANDON KEITH
GREGORY and BOBBI S GREGORY,

Defendants.
----------------------------------------------------------------------x

Plaintiff, ACE FUNDING SOURCE LLC, by its attorney, Erica R. Gilerman, Esq. as and

for its complaint against Defendants(s) herein, alleges as follows:

1. Plaintiff ACE FUNDING SOURCE LLC (“Plaintiff”) is a New York limited

liability company engaged in the receivables financing business.

2. Upon information and belief, GOOD GRACES LLC d/b/a GOOD GRACES

PHARMACY (“Defendant-Seller”) is a foreign limited liability company.

3. Defendant BRANDON KEITH GREGORY (“Defendant Brandon”) is an

individual residing in the State of Missouri and upon information and belief is a

principal of Defendant-Seller.

4. Defendant BOBBI S GREGORY (“Defendant Bobbi”) is an individual residing in

the State of Missouri and upon information and belief is a principal of Defendant-

Seller.

5. Pursuant to a receivables purchase agreement and personal guaranty dated May 3,

2023 (collectively, the “Agreement”), Plaintiff purchased from Defendant-Seller

$83,940.00 (“Purchased Amount”) of each future account and payment obligation

1 of 6
FILED: KINGS COUNTY CLERK 09/07/2023 03:00 PM INDEX NO. 525985/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/07/2023

owing to Defendant-Seller from its customers as they are generated in the course

of Defendant-Seller’s business (“Future Receivables”). A copy of the Agreement

is attached as Exhibit A.

6. The Agreement contains the parties’ express consent to the jurisdiction of the courts

located in the State of New York.

7. Pursuant to the Agreement, Plaintiff was authorized to collect via an ACH

electronic debit of the Future Receivables, until such time that Plaintiff collected

the total Purchased Amount.

8. The Agreement contains Defendant-Seller’s express covenant not to revoke its

ACH authorization to Plaintiff or otherwise take any measure to interfere with

Plaintiff’s ability to collect the Future Receivables.

9. Contrary to Defendant-Seller’s express covenant set forth above, Defendant-Seller

materially breached the terms of the Agreement on July 10, 2023, by changing the

designated bank account without Plaintiff’s authorization, by placing a stop

payment on Plaintiff’s debits to the account or by otherwise taking measures to

interfere with Plaintiff’s ability to collect the Future Receivables. A copy of the

remittance history is attached as Exhibit B.

AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract as to Defendant-Seller)

10. After a series of payments, on or about July 10, 2023, Defendant-Seller stopped

paying and went into default. Plaintiff has not received any cleared payments from

the Defendants since the default.

11. Plaintiff demanded repayment of money paid under the Agreement. Defendant has

failed and refused to pay the sums due under the Agreement.

2 of 6
FILED: KINGS COUNTY CLERK 09/07/2023 03:00 PM INDEX NO. 525985/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/07/2023

12. The Agreement provides that Defendant-Seller shall be in default of the Agreement

if, inter alia, it breaches any covenants contained therein or makes any

representation or warranty providing to have been incorrect, false or misleading in

any material respect.

13. As a result of Defendant-Seller’s breach of the provisions set forth above,

Defendant-Seller has defaulted under the Agreement.

14. Pursuant to the Agreement, in the event of Defendant-Seller’s default, Plaintiff may

declare the total amount of receivables purchased and not delivered as immediately

due and owing to Plaintiff, including costs and fees. Plaintiff now has a balance of

$36,839.00 in undelivered Future Receivables, along with a contractual default fee

of $5,000.00 (“Default Fee”).

15. Subtracting the amount of receivables Plaintiff has previously collected from

Defendant-Seller under the Agreement from the total Future Receivables purchased

by Plaintiff, there is presently due and owing from Defendant-Seller to Plaintiff the

amount of $41,839.00, with interest from July 10, 2023, plus its costs and expenses

of collection, including reasonable attorney’s fees.

16. Pursuant to the terms of the Agreement, the Defendant-Seller agreed to pay

Plaintiff’s reasonable attorney’s fees.

AS AND FOR A SECOND CAUSE OF ACTION
(Breach of Brandon’s Guaranty as to Defendant Brandon)

17. Plaintiff repeats and re-alleges paragraphs 10 through 16 above, as though more

fully set forth herein at length.

18. The Agreement contains Defendant Brandon’s separately executed and

unconditional guarantee of payment in the event of default under the Agreement by

3 of 6
FILED: KINGS COUNTY CLERK 09/07/2023 03:00 PM INDEX NO. 525985/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/07/2023

Defendant-Seller (“Brandon’s Guaranty”).

19. Plaintiff made demand upon Defendant Brandon to pay the outstanding balance due

under the Agreement, which Defendant Brandon has failed and refused to do.

20. As a result of Defendant-Seller’s breach and default under the Agreement as set

forth above and pursuant to the Brandon’s Guaranty, there is presently due and

owing from Defendant Brandon to Plaintiff the amount of $41,839.00, with interest

thereon from July 10, 2023, plus its costs and expenses of collection, including

reasonable attorney’s fees.

AS AND FOR A THIRD CAUSE OF ACTION
(Breach of Bobbi’s Guaranty as to Defendant Bobbi)

21. Plaintiff repeats and re-alleges paragraphs 10 through 20 above, as though more

fully set forth herein at length.

22. The Agreement contains Defendant Bobbi’s separately executed and unconditional

guarantee of payment in the event of default under the Agreement by Defendant-

Seller (“Bobbi’s Guaranty”).

23. Plaintiff made demand upon Defendant Bobbi to pay the outstanding balance due

under the Agreement, which Defendant Bobbi has failed and refused to do.

24. As a result of Defendant-Seller’s breach and default under the Agreement as set

forth above and pursuant to the Bobbi’s Guaranty, there is presently due and owing

from Defendant Bobbi to Plaintiff the amount of $41,839.00, with interest thereon

from July 10, 2023, plus its costs and expenses of collection, including reasonable

attorney’s fees.

4 of 6
FILED: KINGS COUNTY CLERK 09/07/2023 03:00 PM INDEX NO. 525985/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/07/2023

WHEREFORE, Plaintiff demands judgment as follows:

1. On the first cause of action, against Defendant-Seller, in the sum of $41,839.00,
plus interest from July 10, 2023, plus Plaintiff’s costs, expenses of collection,
including reasonable attorney’s fees of $10,459,75, or any such other amount as the
court deems just.
2. On the second cause of action, against Defendant Brandon, in the sum of
$41,839.00, plus interest from July 10, 2023, plus Plaintiff’s costs, expenses of
collection, including reasonable attorney’s fees of $10,459.75, or any such other
amount as the court deems just.
3. On the third cause of action, against Defendant Bobbi, in the sum of $41,839.00,
plus interest from July 10, 2023, plus Plaintiff’s costs, expenses of collection,
including reasonable attorney’s fees of $10,459.75, or any such other amount as the
court deems just.
4. Plaintiff’s costs and expenses and such other and further relief as the court may
deem just and proper.

Dated: September 7, 2023
By: /s/ Erica R. Gilerman
Erica R. Gilerman, Esq.
515 Madison Ave, Suite #8108
New York, NY 10022
Phone: 786-436-9760
Email: erica@gilermanlaw.com
Attorneys for Plaintiff

5 of 6
FILED: KINGS COUNTY CLERK 09/07/2023 03:00 PM INDEX NO. 525985/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/07/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----_______-_________________--------...-------..--------____---------X

ACE FUNDING SOURCE LLC, Index No.

Plaintiff, VERIFICATION BY A
PARTY

-against-

GOOD GRACES LLC d/b/a GOOD GRACES
PHARMACY, BRANDON KEITH
GREGORY and BOBBI S GREGORY,

Defendants.
-----__---------_______-___.._____-...-----------..____-..---..___-----Ç

STATE OF FLORIDA )

COUNTY OF MIAMI-DADE )

JOE JACOBS, being duly sworn, hereby deposes and states the following:

I am the AUTHORIZED REPRESENTATIVE of ACE FUNDING SOURCE LLC

in the within action. I have read the foregoing Verified Complaint and know the contents

thereof; the same is true to my own knowledge, except as to matters therein stated to be

alleged on information and belief, and as to those matters, I believe them to be true.

The foregoing statements are true under penalties of perjury.

Sworn to me this:

- fú
2__day of September, 2023.

ZHANNASLOOT5KY
Notary Public.5tate of Florida
Commission# HH291779
. my Comm.ExpiresJun9, 2016
Sondedthrough National NotaryAssn.

6 of 6

Case Info

Judge

Peter P. Sweeney Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

September 07, 2023

Case Filing Date

September 07, 2023

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.