Motion for Discovery in Pearl Delta Funding, Llc v. Peak Title Agency Co. A/K/A PEAK TITLE CO, Tobby Jablonski, Juan Ruiz Jr| Trellis.Law

On January 06, 2023 a Exhibit,Appendix was filed involving a dispute between Pearl Delta Funding, Llc, and Juan Ruiz Jr, Peak Title Agency Co. A K A Peak Title Co, Tobby Jablonski, for Commercial - Contract in the District Court of Nassau County.

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02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
17
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------X
PEARL DELTA FUNDING, LLC, Index No. 600378/2023

Plaintiff,
DEMAND FOR A VERIFIED
-against-
BILL OF PARTICULARS
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,

Defendants.
------------------------------------------------------------------------X
PLEASE TAKE NOTICE that you are hereby required to serve a verified bill of particulars

as to the Defendants’ separate defenses within thirty (30) days of the date hereof:

1. If it is alleged that Plaintiff, PEARL DELTA FUNDING LLC (including its

agent(s), employee(s), or assignor(s)) (“Plaintiff”) has violated any rules, ordinances, or laws of

the State of New York, separately identify each statute and briefly state with particularity how

Plaintiff is alleged to have violated same.

2. If it is alleged that Plaintiff (including its agent(s), employee(s), or assignor(s)) has

violated any rules, ordinances, or laws of a jurisdiction other than New York, separately identify

each statute and briefly state with particularity how Plaintiff is alleged to have violated same.

3. Separately state each affirmative defense alleged by each Defendant, as well as the

particular legal and factual basis for each separate affirmative defense.

PLEASE TAKE FURTHER NOTICE that if the above demand is not complied with within

the next twenty (20) days, an application will be made to preclude the Defendants from giving any

evidence thereof upon the trial of this action pursuant to Article 30 of the C.P.L.R.

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02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
17
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

Dated: February 16, 2023
Attorneys for Plaintiff
Murray Legal, PLLC
/s/ Christopher R. Murray
Christopher R. Murray, Esq.
170 Old Country Road, Suite 608
Mineola, New York 11501
Telephone: (516) 260-7367
E-Mail: cmurray@murraylegalpllc.com
To via NYSCEF:
Counsel for Defendants

2 of 2
02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
18
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------X
PEARL DELTA FUNDING, LLC, Index No. 600378/2023

Plaintiff,
PLAINTIFF’S DEMAND
-against- FOR DOCUMENTS
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,

Defendants.
------------------------------------------------------------------------X
Plaintiff, PEARL DELTA FUNDING, LLC, by and through its attorneys, demands the

following pursuant to Article 31 of the New York Civil Practice Law and Rules within twenty (20)

days:

1. Copies of all monthly statements for any bank or credit union account maintained

by or for PEAK TITLE AGENCY CO. AKA PEAK TITLE CO (the “Corporate Defendant”) from

August 1, 2022, to the present date.

2. Copies of each monthly bank statement for any account used to hold, deposit, or

transfer funds for the Corporate Defendant from August 1, 2022, to the present date.

3. Copies of all invoices, bills, and receipts issued by the Corporate Defendant from

August 10, 2022, to the present date.

4. Copies of any ledgers, books, records, or histories identifying all payments received

by the Corporate Defendant from any clients or customers from August 10, 2022, to the present

date.

5. Copies of any written communications between PEARL DELTA FUNDING, LLC

(including its agent(s), employee(s), or assignor(s)) and any Defendant (including any agent(s) or

employee(s) of any defendant) describing, discussing, or related to any transaction, occurrence,

claim, counterclaim, or defense at issue in this litigation.

1 of 2
02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
18
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

6. Copies of any recorded communications between PEARL DELTA FUNDING,

LLC (including its agent(s), employee(s), or assignor(s)) and any Defendant (including any

agent(s) or employee(s) of any defendant) describing, discussing, or related to any transaction,

occurrence, claim, counterclaim, or defense at issue in this litigation.

7. Copies of any factoring agreements, merchant cash advance agreements, or

receivables purchase/sale agreements, entered into by any Defendant from August 1, 2022, to the

present date.

8. Copies of any contracts and/or agreements between any Defendant and PEARL

DELTA FUNDING, LLC (including its agent(s), employee(s), or assignor(s)).

9. All documents and materials upon which each Defendant will rely upon in support

of Defendants’ Affirmative Defenses.

10. All documents submitted by Defendants to any commercial finance company

(including loans, factors, and merchant cash advances) from August 1, 2022, to the Present.

PLEASE TAKE NOTICE THAT each and every demand is continuing in nature and

defendants are obligated to supplement their responses up to and including the time of trial.

2 of 2
02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
21
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------X
PEARL DELTA FUNDING, LLC, Index No. 600378/2023

Plaintiff, NOTICE OF DEPOSITION
-against-

PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,

Defendants.
------------------------------------------------------------------------X
PLEASE TAKE NOTICE THAT, pursuant to Article 31 of the Civil Practice Law and

Rules, the testimony upon oral examination of PEAK TITLE AGENCY CO. AKA PEAK TITLE

CO will be taken before a notary public who is not an attorney, or employee or an attorney for any

party or prospective party herein and is not a person who would be disqualified as a juror because

of interest of, because of consanguinity, or affinity to any party herein, and to be recorded by

stenographic means and videotape, at 100 Supreme Court Drive, Mineola, New York, 11501 in

the Court's designated EBT Rooms on May 24, 2023, at 10:00 a.m. or such other time and place

as may be mutually agreed on by counsel, with respect to evidence material and necessary to the

prosecution and/or defense of this action. The oral examination will be continued thereafter from

day to day until completed.

PLEASE TAKE FURTHER NOTICE that, pursuant to Rule 3111 of the Civil Practice

Laws and Rules, PEAK TITLE AGENCY CO. AKA PEAK TITLE CO will be deposed with

regard to the evidence and material necessary to the claims and defenses alleged in the pleadings

in this action. The persons to be examined are required to produce at such examination all the

books, records, documents, letters and memoranda in their possession, custody or control

concerning any matter relevant to the facts and circumstances of this action.

1 of 2
02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
21
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

To via NYSCEF:
Counsel for Defendants

2 of 2
02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
22
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------X
PEARL DELTA FUNDING, LLC, Index No. 600378/2023

Plaintiff, NOTICE OF DEPOSITION
-against-

PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,

Defendants.
------------------------------------------------------------------------X
PLEASE TAKE NOTICE THAT, pursuant to Article 31 of the Civil Practice Law and

Rules, the testimony upon oral examination of TOBBY JABLONSKI will be taken before a notary

public who is not an attorney, or employee or an attorney for any party or prospective party herein

and is not a person who would be disqualified as a juror because of interest of, because of

consanguinity, or affinity to any party herein, and to be recorded by stenographic means and

videotape, at 100 Supreme Court Drive, Mineola, New York, 11501 in the Court's designated EBT

Rooms on May 25, 2023, at 10:00 a.m. or such other time and place as may be mutually agreed on

by counsel, with respect to evidence material and necessary to the prosecution and/or defense of

this action. The oral examination will be continued thereafter from day to day until completed.

PLEASE TAKE FURTHER NOTICE that, pursuant to Rule 3111 of the Civil Practice

Laws and Rules, TOBBY JABLONSKI will be deposed with regard to the evidence and material

necessary to the claims and defenses alleged in the pleadings in this action. The persons to be

examined are required to produce at such examination all the books, records, documents, letters

and memoranda in their possession, custody or control concerning any matter relevant to the facts

and circumstances of this action.

Dated: February 16, 2023
Attorneys for Plaintiff

1 of 2
02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
22
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

Murray Legal, PLLC
/s/ Christopher R. Murray
Christopher R. Murray, Esq.
170 Old Country Road, Suite 608
Mineola, New York 11501
Telephone: (516) 260-7367
E-Mail: cmurray@murraylegalpllc.com

To via NYSCEF:
Counsel for Defendants

2 of 2
02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
23
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------X
PEARL DELTA FUNDING, LLC, Index No. 600378/2023

Plaintiff, NOTICE OF DEPOSITION
-against-

PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,

Defendants.
------------------------------------------------------------------------X
PLEASE TAKE NOTICE THAT, pursuant to Article 31 of the Civil Practice Law and

Rules, the testimony upon oral examination of JUAN RUIZ JR will be taken before a notary public

who is not an attorney, or employee or an attorney for any party or prospective party herein and is

not a person who would be disqualified as a juror because of interest of, because of consanguinity,

or affinity to any party herein, and to be recorded by stenographic means and videotape, virtually

at 100 Supreme Court Drive, Mineola, New York, 11501 in the Court's designated EBT Rooms

on May 23, 2023, at 10:00 a.m. or such other time and place as may be mutually agreed on by

counsel, with respect to evidence material and necessary to the prosecution and/or defense of this

action. The oral examination will be continued thereafter from day to day until completed.

PLEASE TAKE FURTHER NOTICE that, pursuant to Rule 3111 of the Civil Practice

Laws and Rules, JUAN RUIZ JR will be deposed with regard to the evidence and material

necessary to the claims and defenses alleged in the pleadings in this action. The persons to be

examined are required to produce at such examination all the books, records, documents, letters

and memoranda in their possession, custody or control concerning any matter relevant to the facts

and circumstances of this action.

1 of 2
02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
23
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

To via NYSCEF:
Counsel for Defendants

2 of 2
02/16/2023 11:41
FILED: NASSAU COUNTY CLERK 07/06/2023 12:08 AM
PM INDEX NO. 600378/2023
19
NYSCEF DOC. NO. 48 02/16/2023
RECEIVED NYSCEF: 07/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------------------------------X
PEARL DELTA FUNDING, LLC, Index No. 600378/2023

Plaintiff,
REQUEST FOR A
-against-
PRELIMINARY
CONFERENCE
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,

Defendants.
------------------------------------------------------------------------X
Pursuant to section 202.12 of the Uniform Civil Rules for the Supreme Court and the

County Court, Plaintiff by and through its attorneys hereby requests a Preliminary Conference in

the above-entitled action. Process has been served in this action for breach of contract. The names,

addresses, and telephone numbers of the attorneys appearing in this action are set forth below.

Dated: February 16, 2023
Attorneys for Plaintiff
Murray Legal, PLLC

/s/ Christopher R. Murray
Christopher R. Murray, Esq.
170 Old Country Road, Suite 608
Mineola, New York 11501
Telephone: (516) 260-7367
E-Mail: cmurray@murraylegalpllc.com
To via NYSCEF:
Dominick Dale, Esq.
Law Office of Dominick Dale, Esq.
Attorneys for Defendant
70-02 Nansen Street
Forest Hills New York 11375
(917) 816-8327
Counsel for Defendants

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Case Info

Judge

Conrad D. Singer Track Judge’s New Case

Case No.

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Document Filed Date

July 06, 2023

Case Filing Date

January 06, 2023

County

Parties

COHEN, THEODORE J Attorney for the Plaintiff
DALE, DOMINICK R. Attorney for the Defendant
Juan Ruiz JR Defendant
MURRAY, CHRISTOPHER RYAN Attorney for the Plaintiff
PEAK TITLE AGENCY CO. A/K/A PEAK TITLE CO Defendant
PEARL DELTA FUNDING, LLC Plaintiff
SPINELLA, PHILLIP ANTHONY Attorney for the Plaintiff
Tobby Jablonski Defendant
EVAN NEWMAN Attorney
AVIVA FRANCIS Attorney
STEPHEN VARGAS Attorney
CHRISTOPHER VIRGA Attorney
PETER SHERWOOD Attorney
BARBARA JAFFE Attorney
JAVIER VARGAS Attorney
JONATHAN SAMON Attorney
CATHERINE MCGOVERN Attorney

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Exhibit,Appendix: Pearl Delta Funding, Llc v. Peak Title Agency Co. A/K/A PEAK TITLE CO, Tobby Jablonski, Juan Ruiz Jr

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Case Info

Parties