Exhibit,Appendix: Gold Pro, Llc v. Everyday Funding Group Llc

On August 15, 2022 a Exhibit,Appendix was filed involving a dispute between Gold Pro, Llc, and Everyday Funding Group Llc, for Commercial - Business Entity in the District Court of Kings County.

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FILED: KINGS COUNTY CLERK 10/30/2023 10:35 AM INDEX NO. 523533/2022
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/30/2023

EXHIBIT A
08/15/2022 10:35
FILED: KINGS COUNTY CLERK 10/30/2023 01:18 AM
PM INDEX NO. 523533/2022
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NYSCEF DOC. NO. 30 08/15/2022
RECEIVED NYSCEF: 10/30/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------x E-FILED
GOLD PRO, LLC, Index No.:

Plaintiff, SUMMONS
Plaintiff designates
-against- Kings County as the
place of trial
EVERYDAY FUNDING GROUP LLC,
The basis of venue is
Defendant. defendant's principal
----------------------------------------x place of business

TO THE ABOVE-NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED to answer the complaint in this action

and to serve a copy of your answer, or, if the complaint is not

served with this summons, to serve a notice of appearance, on the

plaintiff's attorney within 20 days after the service of this

summons, exclusive of the day of service (or within 30 days after

the service is complete if this summons is not personally delivered

to you within the State of New York); and in case of your failure

to appear or answer, judgment will be taken against you by default

for the relief demanded in the complaint.

Dated: New York, New York
August 15, 2022

HIMMEL & BERNSTEIN, LLP
Attorneys for Plaintiff
928 Broadway, Suite 1000
New York, New York 10010
(212) 631-0200

By:______________________
Andrew D. Himmel

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Defendant's Address:

1308 Kings Highway
Brooklyn, NY 11229

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------x E-FILED
GOLD PRO, LLC,

Plaintiff, VERIFIED COMPLAINT

-against- IAS Part __________

EVERYDAY FUNDING GROUP LLC, Index No.:

Defendant.
----------------------------------------x

Plaintiff Gold Pro, LLC ("Gold Pro" or "plaintiff"), by its

attorneys Himmel & Bernstein, LLP, as and for its complaint

against defendant, respectfully alleges as follows:

1. Plaintiff is a limited liability company organized

under the laws of the state of Texas, with its principal place

of business located in the state of Texas, county of Jefferson.

2. On information and belief, defendant Everyday Funding

Group LLC ("Everyday Funding") is a limited liability company

formed under the laws of the state of New York, with its

principal place of business located at 1308 Kings Highway,

Brooklyn, NY 11229.

3. On information and belief, Everyday Funding is

engaged in the "merchant cash advance" industry, and extends

funding to companies in exchange for purchases of future

receivables.

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Background Facts Relevant to All Claims

4. On or about July 14, 2020, plaintiff entered into a

contract (the "Agreement") with defendant under plaintiff's

prior name (Big Thicket Coin, LLC), whereby defendant would

"purchase" $149,900.00 of plaintiff's future receivables, for a

purchase price of $100,000.00

5. The Agreement provided that, in exchange for the

purchase price, plaintiff would make daily payments to defendant

of $4,996.67, until such daily amounts totaled $149,900.00.

6. Defendant never provided any funding to plaintiff.

7. A few days after the execution of the Agreement,

defendant represented to plaintiff that if plaintiff made an

immediate payment to Everyday Funding of $33,750.00, then

defendant would provide funding for plaintiff for a greater and

substantial amount.

8. Relying on defendant's representation that paying

$33,750 immediately to defendant would result in defendant

providing plaintiff with funding for a greater and substantial

amount, plaintiff on July 27, 2020 wire-transferred $33,750 to

defendant's bank account.

9. Following plaintiff's July 27, 2020 wire-transfer of

$33,750 to defendant, defendant failed to provide additional

financing, and to date has not returned any of plaintiff's

monies.

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FIRST CAUSE OF ACTION
(Breach of Contract)

10. Plaintiff repeats and realleges the allegations set

forth in paragraphs 1-9 of this Complaint as if fully restated

herein at length.

11. The parties entered into a contract, whereby

defendant, in exchange for receiving $33,750 from plaintiff,

would provide financing to plaintiff for a greater and

substantial amount,

12. Plaintiff performed under this agreement by wire-

transferring $33,750 to defendant on July 27, 2020.

13. Defendant failed to arrange for any financing for a

greater and substantial amount.

14. By virtue of the foregoing, defendant has breached the

agreement with plaintiff, and is liable to plaintiff in the

amount of $33,750.00, together with costs, attorney's fees,

disbursements, interest, and other relief as this Court may deem

appropriate.

SECOND CAUSE OF ACTION
(Fraud)

15. Plaintiff repeats and realleges the allegations set

forth in paragraphs 1-14 of this Complaint as if fully restated

herein at length.

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16. Defendant made a material misrepresentation of fact

when it represented to plaintiff that defendant would provide

financing to plaintiff for a greater and substantial amount if

plaintiff immediately made payment to defendant of $33,750.00.

17. On information and belief, defendant had knowledge of

the falsity of its representation, in that defendant had no

intention of providing substantial financing to plaintiff.

Instead, defendant intended to deceive, and succeeded in

deceiving, plaintiff into paying $33,750.

18. Plaintiff justifiably relied on defendant's false

representations, in that defendant held itself out as an

experienced, reliable and honorable funding service.

19. Plaintiff has sustained compensatory damages in the

amount of $33,750, together with costs, attorney's fees,

disbursements, interest, and other relief as this Court may deem

appropriate.

20. In addition to the foregoing, plaintiff is entitled to

punitive damages in an amount to be proven at trial, given

defendant's high degree of moral culpability and the willful,

wanton, reckless and/or malicious nature of defendant's conduct.

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THIRD CAUSE OF ACTION
(Unjust Enrichment)

21. Plaintiff repeats and realleges the allegations set

forth in paragraphs 1-20 of this Complaint as if fully restated

herein at length.

22. By virtue of the facts set forth above, defendant was

enriched at plaintiff's expense, under circumstances where it

would be against equity and good conscience to permit defendant

to retain what is sought to be recovered.

23. Such unjust enrichment has rendered defendant liable

for damages to plaintiff in the amount of $33,750.00, together

with costs, attorney's fees, disbursements, interest, and other

relief as this Court may deem appropriate.

FOURTH CAUSE OF ACTION
(Money Had and Received)

24. Plaintiff repeats and realleges the allegations set

forth in paragraphs 1-23 of this Complaint as if fully restated

herein at length.

25. Defendant received $33,750 from plaintiff. These

monies belonged to plaintiff.

26. Defendant benefited from the receipt of the money.

27. Defendant simply held on to such monies, without

providing any financing or any other consideration to plaintiff

which would justify defendant maintaining possession, ownership

and control of such monies.

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28. The amount of monies belonging to plaintiff which

defendant received amounts to $33,750.00.

29. Under principles of good conscience, defendant should

not be allowed to retain such monies.

30. By virtue of the foregoing, defendant is liable to

plaintiff for money had and received in the amount of