Preview
INDEX NO. 504411/2021
FILED: KINGS COUNTY CLERK 11/18/2021 03:49 PM
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/18/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SILVERLINE SERVICES INC., Index No.: 504411/2021
AFFIDAVITIN
Plaintiff, SUPPORT OF
-against- [JUDGMENT TO CLERK
FODSA, INC., et al.,
Defendants.
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SHMUEL BRUMMEL, being duly swom, deposes and says under the penalty of perjury
as follows:
1 I am a Manager at SILVERLINE SERVICES INC. (“Plaintiff”). I am responsible
for supervising customers and collections. As such, I have personal knowledge of the facts related
to this affidavit.
2 On or about 11/10/2020 Plaintiff on the one side, and Defendants FODSA, INC.
(“Merchant”) on the other side, entered into a Merchant Agreement (the “Agreement,” attached
hereto as Exhibit A), whereby Plaintiff purchased from Merchants certain future receivables,
valued at $39,599.08, for a purchase amount of $26,417.00.
3 Pursuant to the terms and conditions of the Agreement, the parties agreed to
establish a depositing account to which Merchants’ settlement amounts due from each transaction
of Future Receivables are deposited and from which Plaintiff receives a specific Daily amount of
$336.00 by means of automatic ACH debiting.
4 Pursuant to an Addendum to the Agreement attached hereto, Plaintiff only
purchased $25,448.08 in receivables from Merchant, for a purchase price of $15,915.00.
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INDEX NO. 504411/2021
FILED: KINGS COUNTY CLERK 11/18/2021 03:49 PM
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/18/2021
5. Between 11/10/2020 and 1/5/2021, Merchants made some of the foregoing ACH
payments in the total amount of $9,744.00, as required under the Agreement. Attached hereto as
Exhibit Bis a true and correct copy of the transaction history.
6 On or about 1/6/2021, in default of its obligations under the Agreement, the
scheduled ACH payments were returned due to the designated bank account being frozen, leaving
a balance of $19,086.08, which includes a default fee of $2,500.00, and bounce fees of $882.00.
7 On or about 11/10/2020, ALFRED WILLIS HOLLAND, JR (collectively referred
to with Merchant as “Defendants”) signed and executed a personal guaranty of performance of the
Agreement (the “Guaranty”). Id.
8 Defendants are in default of the Merchant Agreement, and ALFRED WILLIS
HOLLAND, JR is in default of the Guaranty.
9 The undersigned Deponent is familiar with the business records of Plaintiff, which
are kept under the Deponent’s supervision and control, and, in particular, Deponent is familiar
with the records involved in this transaction, which is the subject of the matter at suit. The entries
in said books of account are made in the ordinary course of business and it is the regular course of
business to make such records. Said entries were made at or near the times of the transactions to
which they refer, and they show that Merchants are indebted to Plaintiff in the manner and amount
herein set forth. Deponent has relied upon said business records and upon his own personal
knowledge of this transaction in making this Affidavit.
20f 4
INDEX NO. 504411/2021
FILED: KINGS COUNTY CLERK 11/18/2021 03:49 PM
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/18/2021
WHEREFORE, Plaintiff respectfully requests that a default judgment be entered against
FODSA, INC. and ALFRED WILLIS HOLLAND, JR, jointly and severally, for the sum of
$19,086.08, pre-judgment interest as of 1/6/2021 at a rate of 9% per annum, costs and
disbursements of $510, plus post judgment interest of 9% per annum, and such other and further
relief as the Court may deem just and proper.
Ban tp
SHMUEL BRUMMEL
Sworn to before me this
9th
aa day of apisApril ------ 0 21
7
NOTARY PUBLIC
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INDEX NO. 504411/2021
FILED: KINGS COUNTY CLERK 11/18/2021 03:49 PM
NYSCEF DOC. NO. 7 RECEIVED NYSCEF 11/18/2021
Index No.: 504411/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SILVERLINE SERVICES INC.,
Plaintiff,
-against-
FODSA, INC., etal,
Defendants.
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AFFIDAVIT
IN SUPPORT OF JUDGMENT
TO CLERK
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Y eshaya Gorkin, Esq.
AINSWORTH GORKIN PLLC
Attorneys for Plaintiff
Office and Post Office Address, Telephone
P.O. Box 605
New Y ork, New Y ork 10038
Phone: (212) 913-0217
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Service of a copy of the within is hereby admitted.
Dated,
Attomey(s) for
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Please take notice
O Notice of Entry
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on
O Notice of Settlement
that an order of which the within is a true copy will be presented for
settlement to the HON one of the judges
of the within named court, at on at
Dated, Y ours, etc.
Attomey(s) for
4 of 4
Preview
INDEX NO. 504411/2021 FILED: KINGS COUNTY CLERK 11/18/2021 03:49 PM NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS eee een e eee nee nee eee eee ee eee e eens SILVERLINE SERVICES INC., Index No.: 504411/2021 AFFIDAVITIN Plaintiff, SUPPORT OF -against- [JUDGMENT TO CLERK FODSA, INC., et al., Defendants. eee een e eee nee nee eee eee ee eee e eens SHMUEL BRUMMEL, being duly swom, deposes and says under the penalty of perjury as follows: 1 I am a Manager at SILVERLINE SERVICES INC. (“Plaintiff”). I am responsible for supervising customers and collections. As such, I have personal knowledge of the facts related to this affidavit. 2 On or about 11/10/2020 Plaintiff on the one side, and Defendants FODSA, INC. (“Merchant”) on the other side, entered into a Merchant Agreement (the “Agreement,” attached hereto as Exhibit A), whereby Plaintiff purchased from Merchants certain future receivables, valued at $39,599.08, for a purchase amount of $26,417.00. 3 Pursuant to the terms and conditions of the Agreement, the parties agreed to establish a depositing account to which Merchants’ settlement amounts due from each transaction of Future Receivables are deposited and from which Plaintiff receives a specific Daily amount of $336.00 by means of automatic ACH debiting. 4 Pursuant to an Addendum to the Agreement attached hereto, Plaintiff only purchased $25,448.08 in receivables from Merchant, for a purchase price of $15,915.00. lof 4 INDEX NO. 504411/2021 FILED: KINGS COUNTY CLERK 11/18/2021 03:49 PM NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/18/2021 5. Between 11/10/2020 and 1/5/2021, Merchants made some of the foregoing ACH payments in the total amount of $9,744.00, as required under the Agreement. Attached hereto as Exhibit Bis a true and correct copy of the transaction history. 6 On or about 1/6/2021, in default of its obligations under the Agreement, the scheduled ACH payments were returned due to the designated bank account being frozen, leaving a balance of $19,086.08, which includes a default fee of $2,500.00, and bounce fees of $882.00. 7 On or about 11/10/2020, ALFRED WILLIS HOLLAND, JR (collectively referred to with Merchant as “Defendants”) signed and executed a personal guaranty of performance of the Agreement (the “Guaranty”). Id. 8 Defendants are in default of the Merchant Agreement, and ALFRED WILLIS HOLLAND, JR is in default of the Guaranty. 9 The undersigned Deponent is familiar with the business records of Plaintiff, which are kept under the Deponent’s supervision and control, and, in particular, Deponent is familiar with the records involved in this transaction, which is the subject of the matter at suit. The entries in said books of account are made in the ordinary course of business and it is the regular course of business to make such records. Said entries were made at or near the times of the transactions to which they refer, and they show that Merchants are indebted to Plaintiff in the manner and amount herein set forth. Deponent has relied upon said business records and upon his own personal knowledge of this transaction in making this Affidavit. 20f 4 INDEX NO. 504411/2021 FILED: KINGS COUNTY CLERK 11/18/2021 03:49 PM NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/18/2021 WHEREFORE, Plaintiff respectfully requests that a default judgment be entered against FODSA, INC. and ALFRED WILLIS HOLLAND, JR, jointly and severally, for the sum of $19,086.08, pre-judgment interest as of 1/6/2021 at a rate of 9% per annum, costs and disbursements of $510, plus post judgment interest of 9% per annum, and such other and further relief as the Court may deem just and proper. Ban tp SHMUEL BRUMMEL Sworn to before me this 9th aa day of apisApril ------ 0 21 7 NOTARY PUBLIC WWE yy \E MY, s SY Oz aA, fh A= i= NS 24 G y “Ww 3 0f 4 INDEX NO. 504411/2021 FILED: KINGS COUNTY CLERK 11/18/2021 03:49 PM NYSCEF DOC. NO. 7 RECEIVED NYSCEF 11/18/2021 Index No.: 504411/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS eee een eee eee nee eee eee eee ee ene eee ene ene eee ne ene ee nee ee en een eeeene nee eeneneneee, SILVERLINE SERVICES INC., Plaintiff, -against- FODSA, INC., etal, Defendants. eee een eee eee nee eee eee eee ee ene eee ene ene eee ne ene ee nee ee en een eeeene nee eeneneneee, AFFIDAVIT IN SUPPORT OF JUDGMENT TO CLERK eee een ee ee eee eee eee een eee eee eee ene enna e nee ene ne nen ee cee nee e eee nee eeeeneneeeenenee Y eshaya Gorkin, Esq. AINSWORTH GORKIN PLLC Attorneys for Plaintiff Office and Post Office Address, Telephone P.O. Box 605 New Y ork, New Y ork 10038 Phone: (212) 913-0217 eee een eee eee nee eee eee eee ee ene eee ene ene eee ne ene ee nee ee en een eeeene nee eeneneneee, Service of a copy of the within is hereby admitted. Dated, Attomey(s) for eee een eee eee nee eee nee eee ene ene eee eee nee eee ne eee nee nee n een eeeeneneeeeneneneee, Please take notice O Notice of Entry that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on O Notice of Settlement that an order of which the within is a true copy will be presented for settlement to the HON one of the judges of the within named court, at on at Dated, Y ours, etc. Attomey(s) for 4 of 4