On February 08, 2023 a
Motion-Secondary
was filed
involving a dispute between
Velocity Capital Group Llc,
and
Cabinets And More Llc,
Clayton Ferreira Rodrigues,
Zothex Flooring Inc,
for Commercial - Contract
in the District Court of Ontario County.
Preview
FILED: ONTARIO COUNTY CLERK 04/28/2023 07:21 AM INDEX NO. 135394-2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/28/2023
Ontario County Clerk Recording Page
Return To Pamela Keefe, Acting County Clerk
GABRIEL MENDELBERG Ontario County Clerk
75 Maiden Lane Suite 603 20 Ontario Street
New York, NY 10038 Canandaigua, New York 14424
(585) 396-4200
Document Type: AFFIDAVIT OR Receipt Number: 673529
AFFIRMATION IN SUPPORT OF MOTION
Plaintiff Defendant
VELOCITY CAPITAL GROUP LLC ZOTHEX FLOORING INC
Fees
Control #: 202304280229
Total Fees Paid: $0.00
Index #: 135394-2023
State of New York
County of Ontario
EFiling through NYSCEF with a total page count of
2.
Acting Ontario County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
SL
Do Not Detach
1 of 2
202304280229 IndexNO.
INDEX # : 135394-2023
135394-2023
FILED: ONTARIO COUNTY CLERK 04/28/2023 07:21 AM
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONTARIO
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VELOCITY CAPITAL GROUP LLC,
Index No. 135394-2023
Plaintiff,
AFFIRMATION
- against -
ZOTHEX FLOORING INC., CABINETS & MORE,
LLC, and CLAYTON FERREIRA RODRIGUES,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
GABRIEL MENDEBERG, an attorney duly admitted to practice law before the Courts
of New York, affirms as follows under penalties of perjury:
1. I am counsel to plaintiff Velocity Capital Group LLC (“Velocity”). As such, I am
fully familiar with the facts and circumstances set forth below.
2. Annexed hereto as Ex. A is a true and accurate copy of the Summons and Verified
Complaint filed in this action as NYSCEF Doc. 1.
3. Annexed hereto as Ex. B is the Answer filed by Defendants as NYSCEF Doc. 3.
4. Annexed to the accompanying Avigdor Aff. are true and accurate copies of
authenticated purchase and security agreements between Defendants and third parties which
evidence “stacking” under the Velocity agreement.
WHEREFORE, for the reasons set forth in the accompanying Affidavit and
Memorandum of Law, Plaintiff’s Motion should be granted.
Dated: New York, New York
April 27, 2023
/s/Gabriel Mendeberg
GABRIEL MENDELBERG
2 of 2
Document Filed Date
April 28, 2023
Case Filing Date
February 08, 2023
Category
Commercial - Contract
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Preview
FILED: ONTARIO COUNTY CLERK 04/28/2023 07:21 AM INDEX NO. 135394-2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/28/2023 Ontario County Clerk Recording Page Return To Pamela Keefe, Acting County Clerk GABRIEL MENDELBERG Ontario County Clerk 75 Maiden Lane Suite 603 20 Ontario Street New York, NY 10038 Canandaigua, New York 14424 (585) 396-4200 Document Type: AFFIDAVIT OR Receipt Number: 673529 AFFIRMATION IN SUPPORT OF MOTION Plaintiff Defendant VELOCITY CAPITAL GROUP LLC ZOTHEX FLOORING INC Fees Control #: 202304280229 Total Fees Paid: $0.00 Index #: 135394-2023 State of New York County of Ontario EFiling through NYSCEF with a total page count of 2. Acting Ontario County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York SL Do Not Detach 1 of 2 202304280229 IndexNO. INDEX # : 135394-2023 135394-2023 FILED: ONTARIO COUNTY CLERK 04/28/2023 07:21 AM NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 04/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x VELOCITY CAPITAL GROUP LLC, Index No. 135394-2023 Plaintiff, AFFIRMATION - against - ZOTHEX FLOORING INC., CABINETS & MORE, LLC, and CLAYTON FERREIRA RODRIGUES, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x GABRIEL MENDEBERG, an attorney duly admitted to practice law before the Courts of New York, affirms as follows under penalties of perjury: 1. I am counsel to plaintiff Velocity Capital Group LLC (“Velocity”). As such, I am fully familiar with the facts and circumstances set forth below. 2. Annexed hereto as Ex. A is a true and accurate copy of the Summons and Verified Complaint filed in this action as NYSCEF Doc. 1. 3. Annexed hereto as Ex. B is the Answer filed by Defendants as NYSCEF Doc. 3. 4. Annexed to the accompanying Avigdor Aff. are true and accurate copies of authenticated purchase and security agreements between Defendants and third parties which evidence “stacking” under the Velocity agreement. WHEREFORE, for the reasons set forth in the accompanying Affidavit and Memorandum of Law, Plaintiff’s Motion should be granted. Dated: New York, New York April 27, 2023 /s/Gabriel Mendeberg GABRIEL MENDELBERG 2 of 2