On September 19, 2023 a
Complaint,Petition
was filed
involving a dispute between
Lendr.Online Llc,
and
Joyart Llc
D B A Cakeffect,
Komeh Ottison,
for Other Matters - Contract - Other
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 09/19/2023 01:12 PM INDEX NO. 615153/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023
SUPREME COURT OF THE STATE OF NEW YORK COURT INDEX NO:
COUNTY OF NASSAU
SUMMONS FILE NO: 272715
PLAINTIFF'S ADDRESS:
LENDR.ONLINE LLC 670 N CLARK ST SUITE 200
CHICAGO IL 60654
PLAINTIFF(S)
-AGAINST-
JOYART LLC D/B/A CAKEFFECT & KOMEH OTTISON DEFENDANT'S ADDRESS:
1021 BROCKS GAP PKWY STE 109
DEFENDANT(S) HOOVER AL 35244
The basis of the venue is : CPLR 509 CCA s305 (B); KINGS; Long Arm Statute and pursuant to written
agreement
PLANTIFF RESIDE IN THE COUNTY OF OUT- OF- TOWN
TO THE ABOVE NAMED DEFENDANT(S):
YOUARE HEREBYSUMMONED
To answer the complaint in this action and to serve a copy of your answer on Plaintiff's Attorneys within the
time provided by law as noted below.
Upon your failure to answer, judgment will be taken against you for the sum of $ 14070.00 With
interest there on 08/17/2023 together with costs of this action.
Dated: September 15, 2023 MEYERS SAXON & COLE ATTORNEYS FOR PLAINTIFF
3620 QUENTIN ROA
BROOKLYN, NY 11 3
718-339-3330
BY: tRWeeME4E1tS/RO ERT AXON
NOTE: The law provides that:
(a) If this summons is served by its delivery to you personally within the STATE OF NEW YORK you must
appear and answer with TWENTY days after such service; or
(b) If this summons is served by delivery to any person other than you personally or is served outside the
STATE OF NEW YORK or publication, or by any means other than personal delivery to you within the STATE
OF NEW YORK you are allowed THIRTY days after PROOF OF SERVICE IS FILED WITH THE CLERK OF THIS
COURT WITHIN WHICH TO APPEAR AND ANSWER.
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FILED: NASSAU COUNTY CLERK 09/19/2023 01:12 PM INDEX NO. 615153/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023
SUPREME COURT OF THE STATE OF NEW YORK COURT INDEX NO:
COUNTY OF NASSAU
FILE NO: 272715
LENDR.ONLINE LLC
PLAINTIFF VERIFIED COMPLAINT
AGAINST
JOYART LLC D/B/A CAKEFFECT & KOMEH OTTISON
DEFENDANT(S)
Plaintiff, by its attorney, complaining of the defendant(s), respectfully alleges:
1. Plaintiff IS A CORPORATION
2. That the defendant(s) resides in the county in which this action is brought; or that the defendant(s)
transacted business within the county in which this action is brought in person or through his agent and that
the instant cause of action arose out of said transaction or pursuant to CPLR 509 CCA s305, plaintiff has
designated to above county as the place of trial.
3. Heretofore plaintiff and the defendant entered into an agreement dated 8/3/22 for
services for the purchase and sale of receivables and future receipts in the agreed and
specific sum of $14070.00.
4. Plaintiff duly performed all conditions on its part to be performed.
S. Defendant(s) has not performed leaving a balance due in the agreement in the specific sum $14070.00
FOR SECOND CAUSE OF ACTION
6. As defendant has defaulted in making payment to the plaintiff, defendant is now responsible for
reasonable collection expenses/attorney fees and service changes.
FOR A THIRD CAUSE OF ACTION
7. That the co-defendant(s) did personally guarantee any and all obligations owed by the defendant(s) to the
plaintiff in consideration of the plaintiff transacting business with the defendant(s).
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
WHEREFORE, plaintiff demands judgment against defendant(s) for the sum of $ 14070.00
With interest from 08/17/2023 together with costs and disbursements.
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FILED: NASSAU COUNTY CLERK 09/19/2023 01:12 PM INDEX NO. 615153/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023
MEYERS A ON & COLE ATTORNEYS FOR PLAINTIFF
3620 O.UENTIN , BROOKLYN, NY 11234
718-339 30
By: R ert Saxon, Esq.
STATE OF NEW YORK, COUNTY OF KINGS:
The undersigned, an attorney admitted to practice in the State of New York, associated with the attorneys for
the plaintiff, -ander penalties of perjury, affirms the following to be true. Deponent has read the foregoing
Complaint and knows the contents thereof; the same is true to deponent's own knowledge, except as to the
matters therein stated to be alleged on information and belief, and as to those matters deponent believes it to
be true; and the reason this verification is made by deponent and not by the plaintiff is because the plaintiff is
not within the county where your deponent has his office. The grounds of deponent's belief as to all matters
not stated upon deponent's knowledge are communications with office s of the plaintiff and copies of
plaintiff's records in deponent's possession.
Dated: September 15, 2023 MEYERS SAXON & CO
BY: IR-W+N1tPfE%S/ROBERT AX N
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Document Filed Date
September 19, 2023
Case Filing Date
September 19, 2023
Category
Other Matters - Contract - Other
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FILED: NASSAU COUNTY CLERK 09/19/2023 01:12 PM INDEX NO. 615153/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COURT INDEX NO: COUNTY OF NASSAU SUMMONS FILE NO: 272715 PLAINTIFF'S ADDRESS: LENDR.ONLINE LLC 670 N CLARK ST SUITE 200 CHICAGO IL 60654 PLAINTIFF(S) -AGAINST- JOYART LLC D/B/A CAKEFFECT & KOMEH OTTISON DEFENDANT'S ADDRESS: 1021 BROCKS GAP PKWY STE 109 DEFENDANT(S) HOOVER AL 35244 The basis of the venue is : CPLR 509 CCA s305 (B); KINGS; Long Arm Statute and pursuant to written agreement PLANTIFF RESIDE IN THE COUNTY OF OUT- OF- TOWN TO THE ABOVE NAMED DEFENDANT(S): YOUARE HEREBYSUMMONED To answer the complaint in this action and to serve a copy of your answer on Plaintiff's Attorneys within the time provided by law as noted below. Upon your failure to answer, judgment will be taken against you for the sum of $ 14070.00 With interest there on 08/17/2023 together with costs of this action. Dated: September 15, 2023 MEYERS SAXON & COLE ATTORNEYS FOR PLAINTIFF 3620 QUENTIN ROA BROOKLYN, NY 11 3 718-339-3330 BY: tRWeeME4E1tS/RO ERT AXON NOTE: The law provides that: (a) If this summons is served by its delivery to you personally within the STATE OF NEW YORK you must appear and answer with TWENTY days after such service; or (b) If this summons is served by delivery to any person other than you personally or is served outside the STATE OF NEW YORK or publication, or by any means other than personal delivery to you within the STATE OF NEW YORK you are allowed THIRTY days after PROOF OF SERVICE IS FILED WITH THE CLERK OF THIS COURT WITHIN WHICH TO APPEAR AND ANSWER. 1 of 3 FILED: NASSAU COUNTY CLERK 09/19/2023 01:12 PM INDEX NO. 615153/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COURT INDEX NO: COUNTY OF NASSAU FILE NO: 272715 LENDR.ONLINE LLC PLAINTIFF VERIFIED COMPLAINT AGAINST JOYART LLC D/B/A CAKEFFECT & KOMEH OTTISON DEFENDANT(S) Plaintiff, by its attorney, complaining of the defendant(s), respectfully alleges: 1. Plaintiff IS A CORPORATION 2. That the defendant(s) resides in the county in which this action is brought; or that the defendant(s) transacted business within the county in which this action is brought in person or through his agent and that the instant cause of action arose out of said transaction or pursuant to CPLR 509 CCA s305, plaintiff has designated to above county as the place of trial. 3. Heretofore plaintiff and the defendant entered into an agreement dated 8/3/22 for services for the purchase and sale of receivables and future receipts in the agreed and specific sum of $14070.00. 4. Plaintiff duly performed all conditions on its part to be performed. S. Defendant(s) has not performed leaving a balance due in the agreement in the specific sum $14070.00 FOR SECOND CAUSE OF ACTION 6. As defendant has defaulted in making payment to the plaintiff, defendant is now responsible for reasonable collection expenses/attorney fees and service changes. FOR A THIRD CAUSE OF ACTION 7. That the co-defendant(s) did personally guarantee any and all obligations owed by the defendant(s) to the plaintiff in consideration of the plaintiff transacting business with the defendant(s). THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, plaintiff demands judgment against defendant(s) for the sum of $ 14070.00 With interest from 08/17/2023 together with costs and disbursements. 2 of 3 FILED: NASSAU COUNTY CLERK 09/19/2023 01:12 PM INDEX NO. 615153/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2023 MEYERS A ON & COLE ATTORNEYS FOR PLAINTIFF 3620 O.UENTIN , BROOKLYN, NY 11234 718-339 30 By: R ert Saxon, Esq. STATE OF NEW YORK, COUNTY OF KINGS: The undersigned, an attorney admitted to practice in the State of New York, associated with the attorneys for the plaintiff, -ander penalties of perjury, affirms the following to be true. Deponent has read the foregoing Complaint and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters deponent believes it to be true; and the reason this verification is made by deponent and not by the plaintiff is because the plaintiff is not within the county where your deponent has his office. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are communications with office s of the plaintiff and copies of plaintiff's records in deponent's possession. Dated: September 15, 2023 MEYERS SAXON & CO BY: IR-W+N1tPfE%S/ROBERT AX N 3 of 3