Motion-Secondary: Last Chance Funding Inc. v. Nour Supermarket, Llc, Adel Hakkani

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                                INDEX       NO.       521404/2016
NYSCEF   DOC.   NO.   3                                                                                       RECEIVED       NYSCEF:          12/02/2016



                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF KINGS



                  LAST CHANCE FUNDING INC.,                                                      Index No.

                                                 Plaintiff,
                                                                                                 AFFIDAVIT OF ANDY PARKER IN
                                                 -against-                                       SUPPORT OF PLAINTIFF’S
                                                                                                 APPLICATION FOR ENTRY OF
                  NOUR SUPERMARKET, LLC and ADEL HAKKANI,                                        JUDGMENT BY CONFESSION

                                              Defendant(s).



                  STATE OF NEW YORK                    )
                                                       ) ss.
                  COUNTY OF NASSAU                     )
                          ANDY PARKER, first duly sworn, deposes and says:

                          Lam the Manager of LAST CHANCE FUNDING INC., the plaintiff herein, and am fully familiar

                          with facts and circumstances underlying this action.

                          I make this affidavit in support of plaintiff's application for the entry of judgment by confession

                          pursuant to CPLR   3218.

                          On or about June 14, 2016, the parties hereto executed a Merchant Agreement and Security

                          Agreement for the Purchase and Sale of Future Receivables (“MA”), whereby plaintiff purchased

                          from defendant NOUR SUPERMARKET, LLC (‘“defendant-seller”) $17,640.00 of defendant-seller’s

                          future receivables as they are generated in the course of defendant-seller’s business. A true and

                          correct copy of the MA signed by the parties herein is annexed hereto as “Exhibit A.”

                          Critical to facilitating the transaction set forth in the MA, defendant-seller authorized plaintiff to

                          initiate recurring debit entries to defendant-seller’s bank account. The MA further provides that

                          defendant-seller will not take any action to prevent plaintiff from collecting the receivables it

                          purchased.

                          The MA also contains Defendant ADEL HAKKANI              (“‘defendant-guarantor”) separately executed

                          personal guaranty of payment under the MA in the event that defendant-seller breaches certain

                          provisions of the agreement.




                                                                                                                        File No. 2016-0514



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Defendant-guarantor executed an Affidavit of Confession of Judgment in his/her individual capacity

    and on behalf of defendant-seller.    A true and correct copy of the Affidavit of Confession of Judgment

    is annexed hereto as Exhibit B.

    The Affidavit of Confession of Judgment provides that in the event that defendant-seller defaults on

    the MA, plaintiff may enter judgment against defendants in any court within the state of New York

    (which includes the Supreme Court of the State of New York, County of Kings), in the amount of

    $22,640.00, less payments made under the MA, with simple interest thereon from the date of default,

    plus the costs and disbursements of the action.

    By November 22, 2016, defendant-seller materially breached the MA by placing a stop payment on

    plaintiff's ACH debits to the designated bank account, closing the designated bank account or failing

    to ensure the daily amount was available in the account for withdrawal thereby preventing Plaintiff

     collecting the receivables it purchased.

     To date, defendant-seller has paid plaintiff the amount of $8,820.00 under the MA.

 10. Therefore, pursuant to the Affidavit of Confession of Judgment, plaintiff is entitled to entry of

    judgment against defendants in the amount of $13,820.00, which is the confessed amount of

     $22,640.00, less payments made under the (MA) in the amount of $8,820.00, plus costs and

     disbursements in the amount of $225.00 as shown on the accompanying Bill of Costs.

 11. For purposes of expediting the entry of judgment, plaintiff waives its claim for interest.


                                                                                   N\A.
                                         we            Mv           ol
                                                                                       ANDY PARKER

Sworn to be true before me thi                day of

                                                           (lt
                             Notary Public


                                                           EILEEN VANWIE
                                                                                York
                                                   Notary Public - State of New
                                                          NO. 01VA486771
                                                      Qualified in Nass                ir
                                                 My Commission Expire:




                                                                                                  File No. 2016-0514



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