On May 17, 2023 a
AFFIDAVIT OR AFFIRMATION IN REPLY
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 07/19/2023 09:33 AM INDEX NO. E2023005189
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 07/19/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3501805
Book Page CIVIL
Return To: No. Pages: 4
ARIEL BOUSKILA
80 Broad St Instrument: REPLY AFFIRMATION
Suite 3303
New York, NY 10004 Control #: 202307190908
Index #: E2023005189
Date: 07/19/2023
EBF HOLDINGS, LLC Time: 1:19:22 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 4
202307190908 Index #
INDEX : E2023005189
NO. E2023005189
FILED: MONROE COUNTY CLERK 07/19/2023 09:33 AM
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 07/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
------------------------------------------------------------------------X
EBF HOLDINGS LLC DBA EVEREST BUSINESS
FUNDING
Plaintiff,
Index No. E2023005189
-against-
AFFIRMATION IN
US MARINE TRANSPORTATION LLC AND NAEB
OPPOSITION TO MOTION
TEKESTE JOHN
Defendants.
------------------------------------------------------------------------X
Ariel Bouskila, Esq., an attorney duly licensed to practice law before the Courts of the
State of New York, affirms the truth of the following under penalty of perjury:
1. I am a member of Berkovitch & Bouskila, PLLC, attorneys for Plaintiff in the above-
captioned action and, as such, I am fully familiar with the facts and circumstances of this action.
2. I make this affirmation in further support of Plaintiffs motion to dismiss the
Defendants counterclaims.
3. A true and correct copy of the Courts Decision and Order in EBF Holdings LLC dba
Everest Business Funding v Collision King of El Mirage LLC et al. Index No. 801715/2023 (June
27, 2023 Hon. G Greenan NY Sup. Ct. Erie Cty) and the counterclaims which the order dismissed
are collectively annexed hereto as Exhibit A.
4. A true and correct copy of the Courts Decision and Order in Capytal.com v. Irene
Rocha dba Paseo Del Sol Mexican Restaurant Index No. 804013/2023 (May 26, 2023 Hon. G
Greenan NY Sup. Ct. Erie Cty) and the counterclaims which the order dismissed are collectively
annexed hereto as Exhibit B.
5. A true and correct copy of the Courts Decision and Order in Spartan Business
Solutions, LLC dba Spartan Capital v Reifman Law Firm PLLC et al Index No. 801174/2023
2 of 4
202307190908 IndexNO.
INDEX #: E2023005189
E2023005189
FILED: MONROE COUNTY CLERK 07/19/2023 09:33 AM
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 07/19/2023
(May 25, 2023 Hon. D. Chimes NY Sup. Ct. Erie Cty) and the counterclaims which the order
dismissed are collectively annexed hereto as Exhibit C.
6. A true and correct copy of the Courts Decision and Order in Capital Solutions v Lion
Cutting and Construction LLC et al Index No. EC2023-35003 (May 10, 2023 Hon. R. Muller NY
Sup. Ct. Washington Cty.) and the counterclaims which the order dismissed are collectively annexed
hereto as Exhibit D.
7. A true and correct copy of the Courts Decision and Order in Newco Capital Group
VI LLC v J&S Enterprise and Transport LLC et al Index No. E2023003362 (July 12, 2023 Hon. V.
Dinoflo NY Sup. Ct. Monroe Cty, and the counterclaims which the order dismissed are collectively
annexed hereto as Exhibit E.
8. A true and correct copy of the Court’s decision and order in Capytal.com v The Car
Hause LLC et al Index No. 801228/2023 (May 17, 2023 Hon. G Greenan NY Sup. Ct. Erie Cty.),
and the counterclaims which the order dismissed are collectively annexed hereto as Exhibit F.
9. A true and correct copy of the Courts decision and Order in Capytal.com v South
Coast Vapor Company et al Index No. EF2022-2525 (May 12, 2023 Hon. S. Graff NY Sup. Ct.
Ulster Cty and the counterclaims which the order dismissed are collectively annexed hereto as
Exhibit G.
10. A true and correct copy of the Court’s decision and order in Ace Funding Source
LLC v American Quality Assurance Council et al. Index No. 802497/2023, (June 8, 2023 Hon. A.
Martoche NY Sup. Ct. Erie Cty.) and the counterclaims which the order dismissed are collectively
annexed hereto as Exhibit H.
WHEREFORE, Plaintiff respectfully requests that this court deny the instant motion in its
entirety and grant such other and further relief this court deems just and proper.
3 of 4
202307190908 IndexNO.
INDEX #: E2023005189
E2023005189
FILED: MONROE COUNTY CLERK 07/19/2023 09:33 AM
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 07/19/2023
Dated: New York, New York
July 19, 2023
/s/ ariel bouskila___________________
Ariel Bouskila, Esq.
4 of 4
Document Filed Date
July 19, 2023
Case Filing Date
May 17, 2023
Category
Other Matters - Contract - Other
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Preview
FILED: MONROE COUNTY CLERK 07/19/2023 09:33 AM INDEX NO. E2023005189 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 07/19/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3501805 Book Page CIVIL Return To: No. Pages: 4 ARIEL BOUSKILA 80 Broad St Instrument: REPLY AFFIRMATION Suite 3303 New York, NY 10004 Control #: 202307190908 Index #: E2023005189 Date: 07/19/2023 EBF HOLDINGS, LLC Time: 1:19:22 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 4 202307190908 Index # INDEX : E2023005189 NO. E2023005189 FILED: MONROE COUNTY CLERK 07/19/2023 09:33 AM NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 07/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ------------------------------------------------------------------------X EBF HOLDINGS LLC DBA EVEREST BUSINESS FUNDING Plaintiff, Index No. E2023005189 -against- AFFIRMATION IN US MARINE TRANSPORTATION LLC AND NAEB OPPOSITION TO MOTION TEKESTE JOHN Defendants. ------------------------------------------------------------------------X Ariel Bouskila, Esq., an attorney duly licensed to practice law before the Courts of the State of New York, affirms the truth of the following under penalty of perjury: 1. I am a member of Berkovitch & Bouskila, PLLC, attorneys for Plaintiff in the above- captioned action and, as such, I am fully familiar with the facts and circumstances of this action. 2. I make this affirmation in further support of Plaintiffs motion to dismiss the Defendants counterclaims. 3. A true and correct copy of the Courts Decision and Order in EBF Holdings LLC dba Everest Business Funding v Collision King of El Mirage LLC et al. Index No. 801715/2023 (June 27, 2023 Hon. G Greenan NY Sup. Ct. Erie Cty) and the counterclaims which the order dismissed are collectively annexed hereto as Exhibit A. 4. A true and correct copy of the Courts Decision and Order in Capytal.com v. Irene Rocha dba Paseo Del Sol Mexican Restaurant Index No. 804013/2023 (May 26, 2023 Hon. G Greenan NY Sup. Ct. Erie Cty) and the counterclaims which the order dismissed are collectively annexed hereto as Exhibit B. 5. A true and correct copy of the Courts Decision and Order in Spartan Business Solutions, LLC dba Spartan Capital v Reifman Law Firm PLLC et al Index No. 801174/2023 2 of 4 202307190908 IndexNO. INDEX #: E2023005189 E2023005189 FILED: MONROE COUNTY CLERK 07/19/2023 09:33 AM NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 07/19/2023 (May 25, 2023 Hon. D. Chimes NY Sup. Ct. Erie Cty) and the counterclaims which the order dismissed are collectively annexed hereto as Exhibit C. 6. A true and correct copy of the Courts Decision and Order in Capital Solutions v Lion Cutting and Construction LLC et al Index No. EC2023-35003 (May 10, 2023 Hon. R. Muller NY Sup. Ct. Washington Cty.) and the counterclaims which the order dismissed are collectively annexed hereto as Exhibit D. 7. A true and correct copy of the Courts Decision and Order in Newco Capital Group VI LLC v J&S Enterprise and Transport LLC et al Index No. E2023003362 (July 12, 2023 Hon. V. Dinoflo NY Sup. Ct. Monroe Cty, and the counterclaims which the order dismissed are collectively annexed hereto as Exhibit E. 8. A true and correct copy of the Court’s decision and order in Capytal.com v The Car Hause LLC et al Index No. 801228/2023 (May 17, 2023 Hon. G Greenan NY Sup. Ct. Erie Cty.), and the counterclaims which the order dismissed are collectively annexed hereto as Exhibit F. 9. A true and correct copy of the Courts decision and Order in Capytal.com v South Coast Vapor Company et al Index No. EF2022-2525 (May 12, 2023 Hon. S. Graff NY Sup. Ct. Ulster Cty and the counterclaims which the order dismissed are collectively annexed hereto as Exhibit G. 10. A true and correct copy of the Court’s decision and order in Ace Funding Source LLC v American Quality Assurance Council et al. Index No. 802497/2023, (June 8, 2023 Hon. A. Martoche NY Sup. Ct. Erie Cty.) and the counterclaims which the order dismissed are collectively annexed hereto as Exhibit H. WHEREFORE, Plaintiff respectfully requests that this court deny the instant motion in its entirety and grant such other and further relief this court deems just and proper. 3 of 4 202307190908 IndexNO. INDEX #: E2023005189 E2023005189 FILED: MONROE COUNTY CLERK 07/19/2023 09:33 AM NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 07/19/2023 Dated: New York, New York July 19, 2023 /s/ ariel bouskila___________________ Ariel Bouskila, Esq. 4 of 4