Party Notice: Capytal.Com v. Mumphrey Transportation Llc D/B/A Mumphrey Transportation, Mumphrey Transport, Annette Mumphrey

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                                FILED: KINGS COUNTY CLERK 07/24/2023 11:47 AM                                                          INDEX NO. 514606/2023
NYSCEF DOC. NO. 22                                                                             RECEIVED NYSCEF: 07/24/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF KINGS
          ----------------------------------------------------------------X
          CAPYTAL.COM,
                                                                              Index No.: 514606/2023
                           Plaintiff,

                  -against-                                                   PLAINTIFF’S NOTICE TO
                                                                              ADMIT
          MUMPHREY TRANSPORTATION LLC D/B/A
          MUMPHREY TRANSPORTATION, MUMPHREY
          TRANSPORT, and ANNETTE MUMPHREY,

                            Defendants.
          ----------------------------------------------------------------X

              PLEASE TAKE NOTICE THAT pursuant to CPLR § 3123, Ainsworth Gorkin PLLC.,

          attorneys     for     Plaintiff,    CAPYTAL.COM              (“Plaintiff”),   Defendants   MUMPHREY

          TRANSPORTATION LLC D/B/A MUMPHREY TRANSPORTATION, MUMPHREY

          TRANSPORT, and ANNETTE MUMPHREY are hereby demanded to, within 20 days after

          service of this demand, make the following admissions for the purpose of this action:

                  1.       Admit that pursuant an agreement dated 4/6/2023 (the “Agreement”),

          MUMPHREY TRANSPORTATION LLC D/B/A MUMPHREY TRANSPORTATION and

          MUMPHREY TRANSPORT (“Merchants”) agreed to sell to CAPYTAL.COM $12,080.00 of

          Merchant’s receivables to CAPYTAL.COM.

                  2.       Admit that the Agreement is annexed hereto as Exhibit A.

                  3.       Admit that the Agreement and all of the documents attached hereto as Exh A are

          true and accurate copies of the full Agreement entered into between CAPYTAL.COM and

          Merchants.

                  4.       Admit that the documents attached hereto as Exh A are true and accurate copies

          of the Agreements that were executed by ANNETTE MUMPHREY (“Guarantor”) on behalf of




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FILED: KINGS COUNTY CLERK 07/24/2023 11:47 AM                                               INDEX NO. 514606/2023
NYSCEF DOC. NO. 22                                                                   RECEIVED NYSCEF: 07/24/2023




          Merchants and individually as a guarantor of performance.

                  5.   Admit that the Agreement provided that Merchants was to remit 7% of their Daily

          receivables to Plaintiff.

                  6.   Admit that Merchants has only remitted to Plaintiff $4,152.00 of the purchased

          receivables to Plaintiff.

                  7.   Admit that Merchants ceased remitting the purchased percentage of receivables to

         Plaintiff in or around 5/11/2023.

                  8.   Admit that the transaction history annexed hereto as Exhibit B accurately reflects

         a l l o f t h e remittances made by Merchants to Plaintiff.

                  9.   Admit that since 5/11/2023, Merchants has not remitted any portion of the

         purchased receivables to Plaintiff.

                  10. Admit that Merchants collected revenue, receivables, and other income between

         4/6/2023, and 5/17/2023.

                  11. Admit that all Defendants have not performed under the terms of the Agreement

          attached hereto as Exh A.

                  12. Admit that pursuant to the Agreement, the Defendants incurred a default fee in the

         amount $3,000.00, bounce fee in the amount of $140.00, and a contractual fee in the amount of

         $2,378.40.

                  13. Admit that there remains a balance on the Agreement of $ 1 3 , 4 4 6 . 4 0 including

         default fees, bounce fees, and contractual fees.

                  14. Admit that the Defendants do not assert that there are any other Agreements between

         Plaintiff and the Defendants that are at issue in this litigation.




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FILED: KINGS COUNTY CLERK 07/24/2023 11:47 AM                                                INDEX NO. 514606/2023
NYSCEF DOC. NO. 22                                                                 RECEIVED NYSCEF: 07/24/2023




          Dated: New York, New York
                 July 24, 2023

                                                          AINSWORTH GORKIN PLLC

                                                          By:
                                                                Yeshaya Gorkin, Esq.
                                                                40 Wall Street, Suite 2504
                                                                New York, NY 10005
                                                                Tel. (212) 913-0217
                                                                Attorneys for Plaintiff




           TO: All Counsel/Parties of Record via NYSCEF




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