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FILED: NASSAU COUNTY CLERK 09/20/2023 04:35 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 09/20/2023
DOMINICK R. DALE, ESQ.
70-02 Nansen Street • Forest Hills New York 11375• (917) 816-8327 • Dominick.Dale@gmail.com
September 20, 2023
Hon. Justice Conrad D. Singer
Supreme Court, Nassau County
100 Supreme Court Drive
Mineola, New York 11501
RE: Caption: PEARL DELTA FUNDING, LLC v. PEAK TITLE AGENCY
CO. et al
Index No. 600378/2023
Dear Hon. Justice Conrad D. Singer:
Please be advised that my office represents the defendants regarding the above-mentioned
matter.
Attached your Honor will find my office’s proposed stipulation. My office looks forward
to working this out amicably.
Should you have any issues or concerns please do not hesitate to contact the undersigned.
Sincerely,
Dominick Dale, Esq
Dominick Dale, Esq.
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FILED: NASSAU COUNTY CLERK 09/20/2023 04:35 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 09/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------X
PEARL DELTA FUNDING, LLC, Index No. 600378/2023
Plaintiff, PROPOSED
STIPULATION
-against-
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,
Defendants.
------------------------------------------------------------------------X
It is hereby stipulated and agreed by and between the parties that the following items will be
produced for discovery:
1. Please provide the email that your office sent to my office on February 16, 2023
2. Complete copy of the proof of funding.
3. Produce copies of all documents, correspondence, emails, notes of phone calls, business
records, electronic documents, memoranda, financial records, financial documents and
notes regarding the transfer of funds and monies from individuals, corporations, or any
other business to Pearl Delta that specifically funded this Merchant Cash Advance.
4. Produce copies of all documents, correspondence, emails, notes of phone calls, business
records, electronic documents, memoranda, financial records, financial documents and
notes regarding the transfer of funds and monies from individuals, corporations, or any
other business to ABF Servicing that specifically funded Merchant Cash Advance.
5. Produce copies of all documents, correspondence, emails, phone calls, business records,
electronic documents memoranda, business records and notes between the broker(s) and
Pearl Delta regarding the subject merchant cash advance.
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FILED: NASSAU COUNTY CLERK 09/20/2023 04:35 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 09/20/2023
6. Produce copies of all documents, correspondence, emails, phone calls, business records,
electronic documents, memoranda, financial records, financial documents and other notes
between the Pearl Delta and ABF Servicing regarding the subject merchant cash advance.
[ please see Ex A]
7. Produce copies of all agreements, contracts, and arrangements between the plaintiff and
ABF Servicing regarding the subject merchant cash advance. [ please see Ex A]
8. Produce copies of all agreements, contracts, and arrangements between ABF Servicing and
related third parties that are known to ABF Servicing [ please see Ex A]
9. Name and address of the owner of ABF Servicing [ please see Ex A]
10. Copy of the current Servicing agreement between Plaintiff and ABF Servicing [Please
see Ex A]
11. Copy of a serving agreement between ABF Servicing and any other third parties known
to ABF Servicing [Please see Ex A]
12. Produce copies of all agreements, contracts, and arrangements between Frank Fioni and
plaintiff.
13. Produce copies of all agreements, contracts, and arrangements between Frank Fioni and
ABF Servicing
14. Produce copies of all agreements, contracts, and arrangements between Frank Fioni and
defendants
15. Produce copies of all employee records, W-2, and 1099 between Frank Fioni and
plaintiff.
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FILED: NASSAU COUNTY CLERK 09/20/2023 04:35 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 09/20/2023
16. Produce copies of all communications, emails, notes on phone calls memoranda and other
documents kept in the plaintiff’s ordinary court of business with regards to Frank Fioni
17. All documents that relate to the determination of the threshold of the total amount of
future receivables the subject merchant could sell to you before putting said merchant in a
position to fail/default on the subject merchant cash advance.
18. All documents that relate to the underwriting of the subject merchant cash advance.
“Underwriting” refers to any person who made representations, evaluations, or appraisals
of value of the business, and ability of the Defendant to pay.
19. All documents that relate to any originator, broker, or servicer of this account receive any
compensation, fee, commission, payment, rebate or other financial considerations from
Plaintiff or any other party, for handling, processing, originating, or administering this
merchant cash advance.
20. Produce a copy of Pearl Delta’s Employee handbook, training procedure manual
21. Please produce the address of the collection department in Albania
22. Produce copies of all documents, correspondence, emails, nots on phone calls, business
records, electric documents memoranda and other notes that were placed in deal tracker
specifically regarding this case
Dated: September 20, 2023
____________________________ ____________________________
Phillip A. Spinella Dominick Dale, Esq.
Murray Legal PLLC Law Office of Dominick Dale, Esq.
Attorney for Plaintiff Attorneys for Defendant
170 Old Country Road, Suite 608 70-02 Nansen Street
Mineola, New York 11501 Forest Hills New York 11375
Tel: (516) 260-7367 (917) 816-8327
E-Mail: pspinella@murraylegalpllc.com
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FILED: NASSAU COUNTY CLERK 09/20/2023 04:35 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 09/20/2023 DOMINICK R. DALE, ESQ. 70-02 Nansen Street • Forest Hills New York 11375• (917) 816-8327 • Dominick.Dale@gmail.com September 20, 2023 Hon. Justice Conrad D. Singer Supreme Court, Nassau County 100 Supreme Court Drive Mineola, New York 11501 RE: Caption: PEARL DELTA FUNDING, LLC v. PEAK TITLE AGENCY CO. et al Index No. 600378/2023 Dear Hon. Justice Conrad D. Singer: Please be advised that my office represents the defendants regarding the above-mentioned matter. Attached your Honor will find my office’s proposed stipulation. My office looks forward to working this out amicably. Should you have any issues or concerns please do not hesitate to contact the undersigned. Sincerely, Dominick Dale, Esq Dominick Dale, Esq. 1 of 4 FILED: NASSAU COUNTY CLERK 09/20/2023 04:35 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 09/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------------------------------X PEARL DELTA FUNDING, LLC, Index No. 600378/2023 Plaintiff, PROPOSED STIPULATION -against- PEAK TITLE AGENCY CO. AKA PEAK TITLE CO and TOBBY JABLONSKI and JUAN RUIZ JR, Defendants. ------------------------------------------------------------------------X It is hereby stipulated and agreed by and between the parties that the following items will be produced for discovery: 1. Please provide the email that your office sent to my office on February 16, 2023 2. Complete copy of the proof of funding. 3. Produce copies of all documents, correspondence, emails, notes of phone calls, business records, electronic documents, memoranda, financial records, financial documents and notes regarding the transfer of funds and monies from individuals, corporations, or any other business to Pearl Delta that specifically funded this Merchant Cash Advance. 4. Produce copies of all documents, correspondence, emails, notes of phone calls, business records, electronic documents, memoranda, financial records, financial documents and notes regarding the transfer of funds and monies from individuals, corporations, or any other business to ABF Servicing that specifically funded Merchant Cash Advance. 5. Produce copies of all documents, correspondence, emails, phone calls, business records, electronic documents memoranda, business records and notes between the broker(s) and Pearl Delta regarding the subject merchant cash advance. 2 of 4 FILED: NASSAU COUNTY CLERK 09/20/2023 04:35 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 09/20/2023 6. Produce copies of all documents, correspondence, emails, phone calls, business records, electronic documents, memoranda, financial records, financial documents and other notes between the Pearl Delta and ABF Servicing regarding the subject merchant cash advance. [ please see Ex A] 7. Produce copies of all agreements, contracts, and arrangements between the plaintiff and ABF Servicing regarding the subject merchant cash advance. [ please see Ex A] 8. Produce copies of all agreements, contracts, and arrangements between ABF Servicing and related third parties that are known to ABF Servicing [ please see Ex A] 9. Name and address of the owner of ABF Servicing [ please see Ex A] 10. Copy of the current Servicing agreement between Plaintiff and ABF Servicing [Please see Ex A] 11. Copy of a serving agreement between ABF Servicing and any other third parties known to ABF Servicing [Please see Ex A] 12. Produce copies of all agreements, contracts, and arrangements between Frank Fioni and plaintiff. 13. Produce copies of all agreements, contracts, and arrangements between Frank Fioni and ABF Servicing 14. Produce copies of all agreements, contracts, and arrangements between Frank Fioni and defendants 15. Produce copies of all employee records, W-2, and 1099 between Frank Fioni and plaintiff. 3 of 4 FILED: NASSAU COUNTY CLERK 09/20/2023 04:35 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 09/20/2023 16. Produce copies of all communications, emails, notes on phone calls memoranda and other documents kept in the plaintiff’s ordinary court of business with regards to Frank Fioni 17. All documents that relate to the determination of the threshold of the total amount of future receivables the subject merchant could sell to you before putting said merchant in a position to fail/default on the subject merchant cash advance. 18. All documents that relate to the underwriting of the subject merchant cash advance. “Underwriting” refers to any person who made representations, evaluations, or appraisals of value of the business, and ability of the Defendant to pay. 19. All documents that relate to any originator, broker, or servicer of this account receive any compensation, fee, commission, payment, rebate or other financial considerations from Plaintiff or any other party, for handling, processing, originating, or administering this merchant cash advance. 20. Produce a copy of Pearl Delta’s Employee handbook, training procedure manual 21. Please produce the address of the collection department in Albania 22. Produce copies of all documents, correspondence, emails, nots on phone calls, business records, electric documents memoranda and other notes that were placed in deal tracker specifically regarding this case Dated: September 20, 2023 ____________________________ ____________________________ Phillip A. Spinella Dominick Dale, Esq. Murray Legal PLLC Law Office of Dominick Dale, Esq. Attorney for Plaintiff Attorneys for Defendant 170 Old Country Road, Suite 608 70-02 Nansen Street Mineola, New York 11501 Forest Hills New York 11375 Tel: (516) 260-7367 (917) 816-8327 E-Mail: pspinella@murraylegalpllc.com 4 of 4