Preview
FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
Comprehensive Merchant Capital,
Index No.
Plaintiff,
v.
SUMMONS
WV. FAMILY SUPPORT AND REHABILITATION SERVICES,
INC. / WV FAMILY SUPPORT & REHABILITATION SERVICES Plaintiff address is
INC / WV. FAMILY SUPPORT AND REHABILITATION 1545 Route 202,
SERVICES, INC. / WV FAMILY SUPPORT AND Suite 203
REHABILITATION SERVICES / WV. FAMILY SUPPORT AND Pomona NY 10970
REHABILITATION / WV FAMILY SUPPORT AND
REHABILITATION SERV / WV FAMILY SUPPORT &
REHABILITATION SERVICES / WVFSRS / WV. FAMILY
SUPPORT AND REHABILITATION, INC. / WV. FSRS / WEST
VIRGINIA FAMILY SUPPORT / WV CENTER FOR PEACE AND
CONFLICT, INC. / HAAGI CO. / DBA WV FAMILY SUPPORT &
REHABILITATION SERVICES (WVFSRS) / , and GINA ELAINE
OGWUDE,
Defendant.
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the
address stated below, an answer to the attached complaint. If this summons was personally
delivered upon you in the State of New York, the answer must be served within twenty days after
such service of the summons, excluding the date of service. If the summons was not personally
delivered to you within the State of New York, the answer must be served within thirty days after
service of the summons is complete as provided by law.
If you do not serve an answer to the attached complaint within the applicable time
limitation stated above, a judgment may be entered against you, by default, for the relief demanded
in the complaint, without further notice to you.
The basis for venue is pursuant to the Contract entered into between the parties.
Dated: New York, New York
November 28, 2023
/s/ Mendy Piekarski, Esq.
Mendy Piekarski, Esq.
Piekarski Law PLLC
Attorneys for Plaintiff
1 Whitehall St., 2nd Fl
New York, New York 10004
Phone: 646-968-8201
mendy@piekarski-law.com
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Defendants to be served:
WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC.
214 8TH ST
PARKERSBURG WV 26101
GINA ELAINE OGWUDE
214 8TH ST
PARKERSBURG WV 26101
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
Comprehensive Merchant Capital,
Index No.
Plaintiff,
v.
VERIFIED
WV. FAMILY SUPPORT AND REHABILITATION SERVICES, COMPLAINT
INC. / WV FAMILY SUPPORT & REHABILITATION SERVICES
INC / WV. FAMILY SUPPORT AND REHABILITATION
SERVICES, INC. / WV FAMILY SUPPORT AND
REHABILITATION SERVICES / WV. FAMILY SUPPORT AND
REHABILITATION / WV FAMILY SUPPORT AND
REHABILITATION SERV / WV FAMILY SUPPORT &
REHABILITATION SERVICES / WVFSRS / WV. FAMILY
SUPPORT AND REHABILITATION, INC. / WV. FSRS / WEST
VIRGINIA FAMILY SUPPORT / WV CENTER FOR PEACE AND
CONFLICT, INC. / HAAGI CO. / DBA WV FAMILY SUPPORT &
REHABILITATION SERVICES (WVFSRS) / , and GINA ELAINE
OGWUDE.,
Defendant.
Plaintiff Comprehensive Merchant Capital (“Plaintiff”), by its attorney, Mendy Piekarski
Esq., for its complaint herein against WV. FAMILY SUPPORT AND REHABILITATION
SERVICES, INC. / WV FAMILY SUPPORT & REHABILITATION SERVICES INC / WV.
FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT AND
REHABILITATION SERVICES / WV. FAMILY SUPPORT AND REHABILITATION / WV
FAMILY SUPPORT AND REHABILITATION SERV / WV FAMILY SUPPORT &
REHABILITATION SERVICES / WVFSRS / WV. FAMILY SUPPORT AND
REHABILITATION, INC. / WV. FSRS / WEST VIRGINIA FAMILY SUPPORT / WV CENTER
FOR PEACE AND CONFLICT, INC. / HAAGI CO. / DBA WV FAMILY SUPPORT &
REHABILITATION SERVICES (WVFSRS) / (referred to collectively as “Company Defendant”)
and GINA ELAINE OGWUDE (“Guarantor(s)”) (Company Defendant and Guarantor(s)
collectively, “Defendants”), alleges as follows:
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The Parties
1. At all relevant times, Plaintiff was and is an entity authorized to do business in the
State of New York, with offices at 1545 Route 202, Suite 203, Pomona NY 10970.
2. Upon information and belief, at all relevant times, Company Defendant are various
companies all organized under the laws of the State of West Virginia.
3. Upon information and belief, at all relevant times, Guarantor is an individual
residing in the State of West Virginia.
4. Venue is proper in Rockland County pursuant to the Agreement entered into by and
between the parties.
5. This Court maintains personal jurisdiction over the Defendants in this Action
pursuant to the Agreement entered into by and between the parties.
The Facts
First Agreement
6. On or about July 25, 2023, Plaintiff and Defendants entered into an agreement (the
"First Agreement ") whereby Plaintiff agreed to purchase all rights to Company Defendant's future
receivables having an agreed upon value of $70,000.00. A copy of the agreement is annexed hereto
as Exhibit A.
7. Pursuant to the First Agreement, Company Defendant agreed to remit to Plaintiff
6% (“Specified Percentage”) of their receivables. Company Defendant further agreed to have one
bank account approved by Plaintiff (the “Bank Account”) from which Company Defendant
authorized Plaintiff to make ACH withdrawals until $104,300.00. was fully paid to Plaintiff. Said
withdrawals were a good faith estimate of the Specified Percentage of the Company Defendants'
receivables at the time the Agreement was entered into.
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8. In addition, Guarantor(s) agreed to guarantee any and all amounts owed to Plaintiff
from Company Defendant upon a breach in performance by Company Defendant.
9. Pursuant to Section 4.5 of the First Agreement, Defendants agreed to accept service
by certified or registered mail. Specifically, “merchant and guarantor(s) hereby agree that the
mailing of any summons and complaint in any proceeding commenced by CPL by certified or
registered mail, return receipt requested to the Mailing Address listed on this Agreement, or via
email to the email address listed on this Agreement, or any other process required by any such
court will constitute valid and lawful service of process against them without the necessity for
service by any other means provided by statute or rule of court, but without invalidating service
performed in accordance with such other provisions.” See Ex. A to Summons and Complaint.
10. Plaintiff remitted the Purchase Price for the future receivables to Company
Defendant as agreed. Initially, Company Defendant met its obligations under the First Agreement.
11. Company Defendant ceased remitting to Plaintiff the Plaintiffs’ share of Purchased
Receivables and otherwise breached the First Agreement by intentionally impeding and preventing
Plaintiff from receiving the Specified Percentage of Company Defendants' receivables, while
conducting regular business operations and collecting revenue.
12. Company Defendant remitted $54,760.00. of the receivables purchased by Plaintiff,
leaving a balance of unremitted receivables in the amount of $49,540.00. In addition, pursuant to
the First Agreement, Company Defendant incurred NSF fees in the amount of $175.00, Default
Fees in the amount of $4,995.00, and attorneys' fees in the amount of $14,914.50.
13. Despite due demand, Company Defendant has failed to remit the purchased amount
due and owing by Company Defendant to Plaintiff under the First Agreement.
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14. Additionally, Guarantor(s) was responsible for all amounts incurred because of any
breach of the Company Defendant.
15. There remains a balance due and owing to Plaintiff on the First Agreement in the
amount of $69,624.50 plus interest, costs, and disbursements.
Second Agreement
16. On or about September 28, 2023, Plaintiff and Defendants entered into an
agreement (the "Second Agreement,” and together with the First Agreement, the “Agreements”)
whereby Plaintiff agreed to purchase all rights to Company Defendant's future receivables having
an agreed upon value of $45,000.00. A copy of the agreement is annexed hereto as Exhibit B.
17. Pursuant to the Second Agreement, Company Defendant agreed to remit to Plaintiff
5.00% (“Specified Percentage”) of their receivables. Company Defendant further agreed to have
one bank account approved by Plaintiff (the “Bank Account”) from which Company Defendant
authorized Plaintiff to make ACH withdrawals until $67,050.00. was fully paid to Plaintiff. Said
withdrawals were a good faith estimate of the Specified Percentage of the Company Defendants'
receivables at the time the Agreement was entered into.
18. In addition, Guarantor(s) agreed to guarantee any and all amounts owed to Plaintiff
from Company Defendant upon a breach in performance by Company Defendant.
19. Pursuant to Section 4.5 of the Second Agreement, Defendants agreed to accept
service by certified or registered mail. Specifically, “merchant and guarantor(s) hereby agree that
the mailing of any summons and complaint in any proceeding commenced by CPL by certified or
registered mail, return receipt requested to the Mailing Address listed on this Agreement, or via
email to the email address listed on this Agreement, or any other process required by any such
court will constitute valid and lawful service of process against them without the necessity for
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service by any other means provided by statute or rule of court, but without invalidating service
performed in accordance with such other provisions.” See Ex. A to Summons and Complaint.
20. Plaintiff remitted the Purchase Price for the future receivables to Company
Defendant as agreed. Initially, Company Defendant met its obligations under the Second
Agreement.
21. Company Defendant ceased remitting to Plaintiff the Plaintiffs’ share of Purchased
Receivables and otherwise breached the Second Agreement by intentionally impeding and
preventing Plaintiff from receiving the Specified Percentage of Company Defendants' receivables,
while conducting regular business operations and collecting revenue.
22. Company Defendant remitted $13,412.00 of the receivables purchased by Plaintiff,
leaving a balance of unremitted receivables in the amount of $53,673.00. In addition, pursuant to
the Agreement, Company Defendant incurred NSF fees in the amount of $35.00, Default Fees in
the amount of $4,995.00, and attorneys' fees in the amount of $16,101.90.
23. Despite due demand, Company Defendant has failed to remit the purchased amount
due and owing by Company Defendant to Plaintiff under the Second Agreement.
24. Additionally, Guarantor(s) was responsible for all amounts incurred because of any
breach of the Company Defendant.
25. There remains a balance due and owing to Plaintiff on the Second Agreement in the
amount of $74,769.90. plus interest, costs, and disbursements.
26. Additionally, Plaintiff erroneously wired $22,550.00 to the Corporate Defendant in
addition to the Purchase Price required under the Second Agreement.
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AS AND FOR THE FIRST CAUSE OF ACTION
(Breach of Contract)
27. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 15 of this complaint as though fully set forth at length herein.
28. Plaintiff gave fair consideration to Company Defendant which was tendered for the
right to receive the aforementioned receivables. Accordingly, Plaintiff fully performed under the
Agreements.
29. Upon information and belief, Company Defendant is still conducting regular
business operations and still collecting receivables.
30. Company Defendant has materially breached the Agreements by failing to remit to
Plaintiff the Plaintiffs’ share of Future Receivables, as required under the Agreements and
otherwise intentionally impeding and preventing Plaintiff from receiving the proceeds of the
receivables purchased by them.
31. Upon information and belief, Company Defendant has also materially breached the
Agreements by using more than one depositing bank (account which has not been approved by
Plaintiff.
32. By reason of the foregoing, Plaintiff has suffered damages in the amount of
$144,394.40, plus interest, costs, and disbursements.
AS AND FOR A SECOND CAUSE OF ACTION
(Personal Guarantee)
33. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 21 of this Complaint as though fully set forth at length herein.
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34. Pursuant to the Agreements, Guarantor(s) personally guaranteed that Company
Defendant would perform its obligations thereunder and that he would be personally liable for any
loss suffered by Plaintiff as a result of a breach by Company Defendant.
35. Company Defendant has breached the Agreements as detailed above.
36. By reason of the foregoing, Plaintiff is entitled to judgment against
Guarantor(s)based on his personal guarantee in the sum of $144,394.40, plus interest, costs, and
disbursements.
AS AND FOR A THIRD CAUSE OF ACTION
(Conversion)
37. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 21 of this Complaint as though fully set forth at length herein.
38. Plaintiff has a superior right, title and interest in the $22,550.00 it erroneously sent
to Company Defendant in excess of the Second Agreement’s Purchase Price.
39. Company Defendant assertion of possession and control over the $22,550.00 in
such a manner prevented Plaintiff from exercising their superior rights to those funds.
40. Company Defendant failure to return the converted funds was intentional since they
were aware of the Second Agreement’s Purchase Price, which they executed.
41. Demand was made to Company Defendant to return the converted funds. In any
event, demand would be futile because the Company Defendant has acted in bad faith knowing
they have no right to the converted funds.
42. Plaintiff has been injured, and will continue to suffer injury, on account of the
Company Defendant’s conduct in an amount of $22,550.00.
AS AND FOR A FOURTH CAUSE OF ACTION
(Unjust Enrichment)
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43. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 21 of this Complaint as though fully set forth at length herein.
44. Plaintiff erroneously sent Company Defendant $22,550.00 in excess of the Second
Agreement’s Purchase Price.
45. Company Defendant was enriched at Plaintiff’s expense by retaining and
converting for themselves the $22,550.00.
46. It would be against equity and good conscience to allow Company Defendant to
retain any amounts they received at Plaintiff’s expense.
47. Plaintiff have been injured, and will continue to suffer injury, on account of the
Company Defendant’s conduct in an amount of $22,550.00.
WHEREFORE, plaintiff Comprehensive Merchant Capital requests judgment against
defendants WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY
SUPPORT & REHABILITATION SERVICES INC / WV. FAMILY SUPPORT AND
REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT AND REHABILITATION
SERVICES / WV. FAMILY SUPPORT AND REHABILITATION / WV FAMILY SUPPORT AND
REHABILITATION SERV / WV FAMILY SUPPORT & REHABILITATION SERVICES /
WVFSRS / WV. FAMILY SUPPORT AND REHABILITATION, INC. / WV. FSRS / WEST
VIRGINIA FAMILY SUPPORT / WV CENTER FOR PEACE AND CONFLICT, INC. / HAAGI
CO. / DBA WV FAMILY SUPPORT & REHABILITATION SERVICES (WVFSRS) / , and GINA
ELAINE OGWUDE as follows:
i. On the first cause of action of the complaint, Plaintiff requests judgment against
Company Defendant in the amount of $144,394.40, plus interest, costs, and
disbursements.
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ii. On the second cause of action of the complaint, Plaintiffs request judgment against
Guarantor(s) in the amount of $144,394.40, plus interest, costs, and disbursements;
iii. On the third cause of action of the complaint, Plaintiffs request judgment against
Guarantor(s) in the amount of $22,550.00, plus interest, costs, and disbursements.
iv. On the fourth cause of action of the complaint, Plaintiffs request judgment against
Guarantor(s) in the amount of $22,550.00, plus interest, costs, and disbursements.
v. For such other and further relief as this Court deems just and proper.
Dated: New York, New York
November 28, 2023
/s/ Mendy Piekarski, Esq.
Mendy Piekarski, Esq.
Piekarski Law PLLC
Attorneys for Plaintiff
1 Whitehall St., 2nd Fl
New York, New York 10004
Phone: 646-968-8201
mendy@piekarski-law.com
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S ITIE OF FLORIDA
COUNTY OF DADE
ASHER SKLAR, being duly sworn, states:
J
am an authorized representative of Plaintiff Comprehensive Vlerchant Capital in the within action. I have
read the foregoing Veri fied Complaint and know the contents thereotl the is true to my' knowledge, except as to
the Inatters therein stated to be alleged upon intormation and belief, and as to those nyatters I believe them to be true.
The foregoing statements are true under penalty of perjury.
By: S,ZeZaw
{ER SKLAR
Sworn to before this
November 2023
Notary Public
PHILLIP SCAGLIONE
Notary Public
State of Florida
Comm# HH2544S9
Expires 4/18/2026
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
Comprehensive Merchant Capital,
Index No.
Plaintiff,
v.
WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. /
WV FAMILY SUPPORT & REHABILITATION SERVICES INC / WV.
FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV
FAMILY SUPPORT AND REHABILITATION SERVICES / WV.
FAMILY SUPPORT AND REHABILITATION / WV FAMILY
SUPPORT AND REHABILITATION SERV / WV FAMILY SUPPORT &
REHABILITATION SERVICES / WVFSRS / WV. FAMILY SUPPORT
AND REHABILITATION, INC. / WV. FSRS / WEST VIRGINIA
FAMILY SUPPORT / WV CENTER FOR PEACE AND CONFLICT,
INC. / HAAGI CO. / DBA WV FAMILY SUPPORT &
REHABILITATION SERVICES (WVFSRS) / , and GINA ELAINE
OGWUDE.,
Defendant.
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO
MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by
filing of the accompanying documents with the County Clerk, is subject to mandatory electronic
filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being
served as required by Subdivision (b) (3) of that Section.
The New York State Courts Electronic Filing System ("NYSCEF") is designed for the
electronic filing of documents with the County Clerk and the court and for the electronic service
of those documents, court documents, and court notices upon counsel and self-represented parties.
Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required
by Section 202.5-bb(e) must immediately record their representation within the-filed matter on the
Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice
of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith
that they lack the computer equipment and (along with all employees) the requisite knowledge to
comply; and 2) self-represented parties who choose not to participate in e-filing. For additional
information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF
website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or
efile@courts.state.ny.us.
Dated: November 28, 2023
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/s/ Mendy Piekarski, Esq.
Mendy Piekarski, Esq.
Piekarski Law PLLC
Attorneys for Plaintiff
1 Whitehall St., 2nd Fl
New York, New York 10004
Phone: 646-968-8201
mendy@piekarski-law.com
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Preview
FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND Comprehensive Merchant Capital, Index No. Plaintiff, v. SUMMONS WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT & REHABILITATION SERVICES Plaintiff address is INC / WV. FAMILY SUPPORT AND REHABILITATION 1545 Route 202, SERVICES, INC. / WV FAMILY SUPPORT AND Suite 203 REHABILITATION SERVICES / WV. FAMILY SUPPORT AND Pomona NY 10970 REHABILITATION / WV FAMILY SUPPORT AND REHABILITATION SERV / WV FAMILY SUPPORT & REHABILITATION SERVICES / WVFSRS / WV. FAMILY SUPPORT AND REHABILITATION, INC. / WV. FSRS / WEST VIRGINIA FAMILY SUPPORT / WV CENTER FOR PEACE AND CONFLICT, INC. / HAAGI CO. / DBA WV FAMILY SUPPORT & REHABILITATION SERVICES (WVFSRS) / , and GINA ELAINE OGWUDE, Defendant. YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the address stated below, an answer to the attached complaint. If this summons was personally delivered upon you in the State of New York, the answer must be served within twenty days after such service of the summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint within the applicable time limitation stated above, a judgment may be entered against you, by default, for the relief demanded in the complaint, without further notice to you. The basis for venue is pursuant to the Contract entered into between the parties. Dated: New York, New York November 28, 2023 /s/ Mendy Piekarski, Esq. Mendy Piekarski, Esq. Piekarski Law PLLC Attorneys for Plaintiff 1 Whitehall St., 2nd Fl New York, New York 10004 Phone: 646-968-8201 mendy@piekarski-law.com 1 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 Defendants to be served: WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. 214 8TH ST PARKERSBURG WV 26101 GINA ELAINE OGWUDE 214 8TH ST PARKERSBURG WV 26101 2 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND Comprehensive Merchant Capital, Index No. Plaintiff, v. VERIFIED WV. FAMILY SUPPORT AND REHABILITATION SERVICES, COMPLAINT INC. / WV FAMILY SUPPORT & REHABILITATION SERVICES INC / WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT AND REHABILITATION SERVICES / WV. FAMILY SUPPORT AND REHABILITATION / WV FAMILY SUPPORT AND REHABILITATION SERV / WV FAMILY SUPPORT & REHABILITATION SERVICES / WVFSRS / WV. FAMILY SUPPORT AND REHABILITATION, INC. / WV. FSRS / WEST VIRGINIA FAMILY SUPPORT / WV CENTER FOR PEACE AND CONFLICT, INC. / HAAGI CO. / DBA WV FAMILY SUPPORT & REHABILITATION SERVICES (WVFSRS) / , and GINA ELAINE OGWUDE., Defendant. Plaintiff Comprehensive Merchant Capital (“Plaintiff”), by its attorney, Mendy Piekarski Esq., for its complaint herein against WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT & REHABILITATION SERVICES INC / WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT AND REHABILITATION SERVICES / WV. FAMILY SUPPORT AND REHABILITATION / WV FAMILY SUPPORT AND REHABILITATION SERV / WV FAMILY SUPPORT & REHABILITATION SERVICES / WVFSRS / WV. FAMILY SUPPORT AND REHABILITATION, INC. / WV. FSRS / WEST VIRGINIA FAMILY SUPPORT / WV CENTER FOR PEACE AND CONFLICT, INC. / HAAGI CO. / DBA WV FAMILY SUPPORT & REHABILITATION SERVICES (WVFSRS) / (referred to collectively as “Company Defendant”) and GINA ELAINE OGWUDE (“Guarantor(s)”) (Company Defendant and Guarantor(s) collectively, “Defendants”), alleges as follows: 3 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 The Parties 1. At all relevant times, Plaintiff was and is an entity authorized to do business in the State of New York, with offices at 1545 Route 202, Suite 203, Pomona NY 10970. 2. Upon information and belief, at all relevant times, Company Defendant are various companies all organized under the laws of the State of West Virginia. 3. Upon information and belief, at all relevant times, Guarantor is an individual residing in the State of West Virginia. 4. Venue is proper in Rockland County pursuant to the Agreement entered into by and between the parties. 5. This Court maintains personal jurisdiction over the Defendants in this Action pursuant to the Agreement entered into by and between the parties. The Facts First Agreement 6. On or about July 25, 2023, Plaintiff and Defendants entered into an agreement (the "First Agreement ") whereby Plaintiff agreed to purchase all rights to Company Defendant's future receivables having an agreed upon value of $70,000.00. A copy of the agreement is annexed hereto as Exhibit A. 7. Pursuant to the First Agreement, Company Defendant agreed to remit to Plaintiff 6% (“Specified Percentage”) of their receivables. Company Defendant further agreed to have one bank account approved by Plaintiff (the “Bank Account”) from which Company Defendant authorized Plaintiff to make ACH withdrawals until $104,300.00. was fully paid to Plaintiff. Said withdrawals were a good faith estimate of the Specified Percentage of the Company Defendants' receivables at the time the Agreement was entered into. 4 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 8. In addition, Guarantor(s) agreed to guarantee any and all amounts owed to Plaintiff from Company Defendant upon a breach in performance by Company Defendant. 9. Pursuant to Section 4.5 of the First Agreement, Defendants agreed to accept service by certified or registered mail. Specifically, “merchant and guarantor(s) hereby agree that the mailing of any summons and complaint in any proceeding commenced by CPL by certified or registered mail, return receipt requested to the Mailing Address listed on this Agreement, or via email to the email address listed on this Agreement, or any other process required by any such court will constitute valid and lawful service of process against them without the necessity for service by any other means provided by statute or rule of court, but without invalidating service performed in accordance with such other provisions.” See Ex. A to Summons and Complaint. 10. Plaintiff remitted the Purchase Price for the future receivables to Company Defendant as agreed. Initially, Company Defendant met its obligations under the First Agreement. 11. Company Defendant ceased remitting to Plaintiff the Plaintiffs’ share of Purchased Receivables and otherwise breached the First Agreement by intentionally impeding and preventing Plaintiff from receiving the Specified Percentage of Company Defendants' receivables, while conducting regular business operations and collecting revenue. 12. Company Defendant remitted $54,760.00. of the receivables purchased by Plaintiff, leaving a balance of unremitted receivables in the amount of $49,540.00. In addition, pursuant to the First Agreement, Company Defendant incurred NSF fees in the amount of $175.00, Default Fees in the amount of $4,995.00, and attorneys' fees in the amount of $14,914.50. 13. Despite due demand, Company Defendant has failed to remit the purchased amount due and owing by Company Defendant to Plaintiff under the First Agreement. 5 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 14. Additionally, Guarantor(s) was responsible for all amounts incurred because of any breach of the Company Defendant. 15. There remains a balance due and owing to Plaintiff on the First Agreement in the amount of $69,624.50 plus interest, costs, and disbursements. Second Agreement 16. On or about September 28, 2023, Plaintiff and Defendants entered into an agreement (the "Second Agreement,” and together with the First Agreement, the “Agreements”) whereby Plaintiff agreed to purchase all rights to Company Defendant's future receivables having an agreed upon value of $45,000.00. A copy of the agreement is annexed hereto as Exhibit B. 17. Pursuant to the Second Agreement, Company Defendant agreed to remit to Plaintiff 5.00% (“Specified Percentage”) of their receivables. Company Defendant further agreed to have one bank account approved by Plaintiff (the “Bank Account”) from which Company Defendant authorized Plaintiff to make ACH withdrawals until $67,050.00. was fully paid to Plaintiff. Said withdrawals were a good faith estimate of the Specified Percentage of the Company Defendants' receivables at the time the Agreement was entered into. 18. In addition, Guarantor(s) agreed to guarantee any and all amounts owed to Plaintiff from Company Defendant upon a breach in performance by Company Defendant. 19. Pursuant to Section 4.5 of the Second Agreement, Defendants agreed to accept service by certified or registered mail. Specifically, “merchant and guarantor(s) hereby agree that the mailing of any summons and complaint in any proceeding commenced by CPL by certified or registered mail, return receipt requested to the Mailing Address listed on this Agreement, or via email to the email address listed on this Agreement, or any other process required by any such court will constitute valid and lawful service of process against them without the necessity for 6 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 service by any other means provided by statute or rule of court, but without invalidating service performed in accordance with such other provisions.” See Ex. A to Summons and Complaint. 20. Plaintiff remitted the Purchase Price for the future receivables to Company Defendant as agreed. Initially, Company Defendant met its obligations under the Second Agreement. 21. Company Defendant ceased remitting to Plaintiff the Plaintiffs’ share of Purchased Receivables and otherwise breached the Second Agreement by intentionally impeding and preventing Plaintiff from receiving the Specified Percentage of Company Defendants' receivables, while conducting regular business operations and collecting revenue. 22. Company Defendant remitted $13,412.00 of the receivables purchased by Plaintiff, leaving a balance of unremitted receivables in the amount of $53,673.00. In addition, pursuant to the Agreement, Company Defendant incurred NSF fees in the amount of $35.00, Default Fees in the amount of $4,995.00, and attorneys' fees in the amount of $16,101.90. 23. Despite due demand, Company Defendant has failed to remit the purchased amount due and owing by Company Defendant to Plaintiff under the Second Agreement. 24. Additionally, Guarantor(s) was responsible for all amounts incurred because of any breach of the Company Defendant. 25. There remains a balance due and owing to Plaintiff on the Second Agreement in the amount of $74,769.90. plus interest, costs, and disbursements. 26. Additionally, Plaintiff erroneously wired $22,550.00 to the Corporate Defendant in addition to the Purchase Price required under the Second Agreement. 7 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract) 27. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 15 of this complaint as though fully set forth at length herein. 28. Plaintiff gave fair consideration to Company Defendant which was tendered for the right to receive the aforementioned receivables. Accordingly, Plaintiff fully performed under the Agreements. 29. Upon information and belief, Company Defendant is still conducting regular business operations and still collecting receivables. 30. Company Defendant has materially breached the Agreements by failing to remit to Plaintiff the Plaintiffs’ share of Future Receivables, as required under the Agreements and otherwise intentionally impeding and preventing Plaintiff from receiving the proceeds of the receivables purchased by them. 31. Upon information and belief, Company Defendant has also materially breached the Agreements by using more than one depositing bank (account which has not been approved by Plaintiff. 32. By reason of the foregoing, Plaintiff has suffered damages in the amount of $144,394.40, plus interest, costs, and disbursements. AS AND FOR A SECOND CAUSE OF ACTION (Personal Guarantee) 33. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 21 of this Complaint as though fully set forth at length herein. 8 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 34. Pursuant to the Agreements, Guarantor(s) personally guaranteed that Company Defendant would perform its obligations thereunder and that he would be personally liable for any loss suffered by Plaintiff as a result of a breach by Company Defendant. 35. Company Defendant has breached the Agreements as detailed above. 36. By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor(s)based on his personal guarantee in the sum of $144,394.40, plus interest, costs, and disbursements. AS AND FOR A THIRD CAUSE OF ACTION (Conversion) 37. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 21 of this Complaint as though fully set forth at length herein. 38. Plaintiff has a superior right, title and interest in the $22,550.00 it erroneously sent to Company Defendant in excess of the Second Agreement’s Purchase Price. 39. Company Defendant assertion of possession and control over the $22,550.00 in such a manner prevented Plaintiff from exercising their superior rights to those funds. 40. Company Defendant failure to return the converted funds was intentional since they were aware of the Second Agreement’s Purchase Price, which they executed. 41. Demand was made to Company Defendant to return the converted funds. In any event, demand would be futile because the Company Defendant has acted in bad faith knowing they have no right to the converted funds. 42. Plaintiff has been injured, and will continue to suffer injury, on account of the Company Defendant’s conduct in an amount of $22,550.00. AS AND FOR A FOURTH CAUSE OF ACTION (Unjust Enrichment) 9 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 43. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 21 of this Complaint as though fully set forth at length herein. 44. Plaintiff erroneously sent Company Defendant $22,550.00 in excess of the Second Agreement’s Purchase Price. 45. Company Defendant was enriched at Plaintiff’s expense by retaining and converting for themselves the $22,550.00. 46. It would be against equity and good conscience to allow Company Defendant to retain any amounts they received at Plaintiff’s expense. 47. Plaintiff have been injured, and will continue to suffer injury, on account of the Company Defendant’s conduct in an amount of $22,550.00. WHEREFORE, plaintiff Comprehensive Merchant Capital requests judgment against defendants WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT & REHABILITATION SERVICES INC / WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT AND REHABILITATION SERVICES / WV. FAMILY SUPPORT AND REHABILITATION / WV FAMILY SUPPORT AND REHABILITATION SERV / WV FAMILY SUPPORT & REHABILITATION SERVICES / WVFSRS / WV. FAMILY SUPPORT AND REHABILITATION, INC. / WV. FSRS / WEST VIRGINIA FAMILY SUPPORT / WV CENTER FOR PEACE AND CONFLICT, INC. / HAAGI CO. / DBA WV FAMILY SUPPORT & REHABILITATION SERVICES (WVFSRS) / , and GINA ELAINE OGWUDE as follows: i. On the first cause of action of the complaint, Plaintiff requests judgment against Company Defendant in the amount of $144,394.40, plus interest, costs, and disbursements. 10 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 ii. On the second cause of action of the complaint, Plaintiffs request judgment against Guarantor(s) in the amount of $144,394.40, plus interest, costs, and disbursements; iii. On the third cause of action of the complaint, Plaintiffs request judgment against Guarantor(s) in the amount of $22,550.00, plus interest, costs, and disbursements. iv. On the fourth cause of action of the complaint, Plaintiffs request judgment against Guarantor(s) in the amount of $22,550.00, plus interest, costs, and disbursements. v. For such other and further relief as this Court deems just and proper. Dated: New York, New York November 28, 2023 /s/ Mendy Piekarski, Esq. Mendy Piekarski, Esq. Piekarski Law PLLC Attorneys for Plaintiff 1 Whitehall St., 2nd Fl New York, New York 10004 Phone: 646-968-8201 mendy@piekarski-law.com 11 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 S ITIE OF FLORIDA COUNTY OF DADE ASHER SKLAR, being duly sworn, states: J am an authorized representative of Plaintiff Comprehensive Vlerchant Capital in the within action. I have read the foregoing Veri fied Complaint and know the contents thereotl the is true to my' knowledge, except as to the Inatters therein stated to be alleged upon intormation and belief, and as to those nyatters I believe them to be true. The foregoing statements are true under penalty of perjury. By: S,ZeZaw {ER SKLAR Sworn to before this November 2023 Notary Public PHILLIP SCAGLIONE Notary Public State of Florida Comm# HH2544S9 Expires 4/18/2026 12 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND Comprehensive Merchant Capital, Index No. Plaintiff, v. WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT & REHABILITATION SERVICES INC / WV. FAMILY SUPPORT AND REHABILITATION SERVICES, INC. / WV FAMILY SUPPORT AND REHABILITATION SERVICES / WV. FAMILY SUPPORT AND REHABILITATION / WV FAMILY SUPPORT AND REHABILITATION SERV / WV FAMILY SUPPORT & REHABILITATION SERVICES / WVFSRS / WV. FAMILY SUPPORT AND REHABILITATION, INC. / WV. FSRS / WEST VIRGINIA FAMILY SUPPORT / WV CENTER FOR PEACE AND CONFLICT, INC. / HAAGI CO. / DBA WV FAMILY SUPPORT & REHABILITATION SERVICES (WVFSRS) / , and GINA ELAINE OGWUDE., Defendant. NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us. Dated: November 28, 2023 13 of 14 FILED: ROCKLAND COUNTY CLERK 11/28/2023 05:46 PM INDEX NO. 036051/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 /s/ Mendy Piekarski, Esq. Mendy Piekarski, Esq. Piekarski Law PLLC Attorneys for Plaintiff 1 Whitehall St., 2nd Fl New York, New York 10004 Phone: 646-968-8201 mendy@piekarski-law.com 14 of 14