On May 17, 2023 a
DEMAND FOR BILL OF PARTICULARS
was filed
involving a dispute between
Ebf Holdings, Llc
Dba Everest Business Funding,
and
Naeb Tekeste John,
Us Marine Transportation Llc,
for Other Matters - Contract - Other
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 06/22/2023 11:26 PM INDEX NO. E2023005189
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/22/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3472750
Book Page CIVIL
Return To: No. Pages: 3
DOMINICK R. DALE
7002 Nansen Street Instrument: MISCELLANEOUS DOCUMENT
New YorkForest Hills, NY 11375
Control #: 202306221628
Index #: E2023005189
Date: 06/22/2023
EBF HOLDINGS, LLC Time: 11:26:50 PM
US MARINE TRANSPORTATION LLC
JOHN, NAEB TEKESTE
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 3
202306221628 Index #
INDEX : E2023005189
NO. E2023005189
FILED: MONROE COUNTY CLERK 06/22/2023 11:26 PM
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
X
EBF PARTNERS, LLC D/B/A EVEREST BUSINESS
FUNDING
Plaintiff, DEMAND FOR A VERIFIED
BILL OF PARTICULARS
-against-
Index No.: E2023005189
US MARINE TRANSPORTATION LLC AND NAEB
TEKESTE JOHN ,
Defendant.
X
PLEASE TAKE NOTICE, that Defendant, US MARINE TRANSPORTATION LLC, by
its counsel, hereby demand that Plaintiff, EBF HOLDINGS, LLC D/B/A EVEREST BUSINESS
FUNDING, serve on the undersigned, within thirty (30) days from the date of service hereof, a
Verified Bill of Particulars with respect to the following matter:
1. Pursuant to the subject agreement, set forth the exact amount deposited into defendants'
bank account as funding for the transaction herein (identified in the agreement as the ("purchase
price.")
2. Pursuant to the subject agreement, set forth the total amount defendants are obligated to
pay to plaintiff inclusive of principle plus interest and fees (identified in the agreement as the
"purchased amount."); including the calculation of APR.
3. Pursuant to the subject agreement, set forth the exact fixed installment amount defendants
are obligated to pay to plaintiff.
4. Pursuant to the subject agreement, set forth in the entirety, the exact calculation used to
determine the fixed installment amount defendants are obligated to pay to plaintiff.
7. Pursuant to the subject agreement, set forth in the entirety, every event, act, or omission
that shall constitute a default event.
2 of 3
202306221628 IndexNO.
INDEX #: E2023005189
E2023005189
FILED: MONROE COUNTY CLERK 06/22/2023 11:26 PM
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/22/2023
8. Pursuant to the subject agreement, set forth in the entirety, the exact procedure completed
by plaintiff to declare a default event.
9. Pursuant to the subject agreement, set forth in the entirety, the exact procedure defendants
shall complete to request reconciliation of the repayment provision.
10. Pursuant to the subject agreement, set forth in the entirety, the exact procedure plaintiff
completed to deny reconciliation to defendants.
PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and that if any
of the above items are obtained after the date of this demand, they are to be furnished to the
undersigned, pursuant to these demands.
PLEASE TAKE FURTHER NOTICE, that these are continuing demands and failure to
comply will result in preclusion of any testimony regarding any items demanded.
Dated: June 22, 2023
Brooklyn New York
DOMINICK DALE, ESQ
Dominick Dale Esq.
Attorney for Defendant
81 Court Street
Brooklyn, NY 11201
(917) 816-8327
TO:
Berkovitch & Bouskila PLLC
80 Broad Street
New York, NY 10004
3 of 3
Document Filed Date
June 22, 2023
Case Filing Date
May 17, 2023
Category
Other Matters - Contract - Other
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Preview
FILED: MONROE COUNTY CLERK 06/22/2023 11:26 PM INDEX NO. E2023005189 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/22/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3472750 Book Page CIVIL Return To: No. Pages: 3 DOMINICK R. DALE 7002 Nansen Street Instrument: MISCELLANEOUS DOCUMENT New YorkForest Hills, NY 11375 Control #: 202306221628 Index #: E2023005189 Date: 06/22/2023 EBF HOLDINGS, LLC Time: 11:26:50 PM US MARINE TRANSPORTATION LLC JOHN, NAEB TEKESTE Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 3 202306221628 Index # INDEX : E2023005189 NO. E2023005189 FILED: MONROE COUNTY CLERK 06/22/2023 11:26 PM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE X EBF PARTNERS, LLC D/B/A EVEREST BUSINESS FUNDING Plaintiff, DEMAND FOR A VERIFIED BILL OF PARTICULARS -against- Index No.: E2023005189 US MARINE TRANSPORTATION LLC AND NAEB TEKESTE JOHN , Defendant. X PLEASE TAKE NOTICE, that Defendant, US MARINE TRANSPORTATION LLC, by its counsel, hereby demand that Plaintiff, EBF HOLDINGS, LLC D/B/A EVEREST BUSINESS FUNDING, serve on the undersigned, within thirty (30) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matter: 1. Pursuant to the subject agreement, set forth the exact amount deposited into defendants' bank account as funding for the transaction herein (identified in the agreement as the ("purchase price.") 2. Pursuant to the subject agreement, set forth the total amount defendants are obligated to pay to plaintiff inclusive of principle plus interest and fees (identified in the agreement as the "purchased amount."); including the calculation of APR. 3. Pursuant to the subject agreement, set forth the exact fixed installment amount defendants are obligated to pay to plaintiff. 4. Pursuant to the subject agreement, set forth in the entirety, the exact calculation used to determine the fixed installment amount defendants are obligated to pay to plaintiff. 7. Pursuant to the subject agreement, set forth in the entirety, every event, act, or omission that shall constitute a default event. 2 of 3 202306221628 IndexNO. INDEX #: E2023005189 E2023005189 FILED: MONROE COUNTY CLERK 06/22/2023 11:26 PM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/22/2023 8. Pursuant to the subject agreement, set forth in the entirety, the exact procedure completed by plaintiff to declare a default event. 9. Pursuant to the subject agreement, set forth in the entirety, the exact procedure defendants shall complete to request reconciliation of the repayment provision. 10. Pursuant to the subject agreement, set forth in the entirety, the exact procedure plaintiff completed to deny reconciliation to defendants. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and that if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned, pursuant to these demands. PLEASE TAKE FURTHER NOTICE, that these are continuing demands and failure to comply will result in preclusion of any testimony regarding any items demanded. Dated: June 22, 2023 Brooklyn New York DOMINICK DALE, ESQ Dominick Dale Esq. Attorney for Defendant 81 Court Street Brooklyn, NY 11201 (917) 816-8327 TO: Berkovitch & Bouskila PLLC 80 Broad Street New York, NY 10004 3 of 3