Preview
FILED: NASSAU COUNTY CLERK 11/30/2021
09/03/2021 02:14
03:01 PM INDEX NO. 611469/2021
NYSCEF DOC. NO. 9
1 RECEIVED NYSCEF: 11/30/2021
09/03/2021
SUPREME COURT OF THE STA TE OF NEW YORK
COUNTY OF NASSAU
THE AVANZA GROUP, LLC Index No.:
Plaintiff Date Purchased
-against- SUMMONS
INVESTMENT MANAGEMENT GROUP, LLC, DBA Plaintiff address is
INVESTMENT MANAGEMENT GROUP, LLC 3974 AMBOY ROAD, STE 306
BALLARD INVESTMENTS INC. DBA BALLARD STA TEN ISLAND, NY 10308
INVESTMENTS INC. and
RALPH LEWIS BALLARD III
Defendants
TO THE ABOVE NAMED DEFENDANTS:
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 pa11ies.
Dated: New York, New York
September 3, 2021
Ariel Bouskila, Esq.
Berkovitch & Bouskila, PLLC
Attorneys/or Plaintiff
80 Broad St Suite 3303
New York, New York I 0004
Phone:(212)729-1477
Fax:(347)342-3192
Defendants to be served: RALPH LEWIS BALLARD III
INVESTMENT MANAGEMENT GROUP, 40 l O MACCORKLE A VE SE
LLC, OBA INVESTMENT CHARLESTON. WV 25304
MANAGEMENT GROUP, LLC
BALLARD INVESTMENTS INC. DBA
BALLARD INVESTMENTS INC.
4010 MACCORKLE AVE SE
CHARLESTON, WV 25304
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FILED: NASSAU COUNTY CLERK 11/30/2021
09/03/2021 02:14
03:01 PM INDEX NO. 611469/2021
NYSCEF DOC. NO. 9
1 RECEIVED NYSCEF: 11/30/2021
09/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
THE AVANZA GROUP, LLC Index No.:
Plaintiff,
-against- VERIFIED
COMPLAINT
INVESTMENT MANAGEMENT GROUP, LLC, DBA
INVESTMENT MANAGEMENT GROUP, LLC ; BALLARD
INVESTMENTS INC. DBA BALLARD INVESTMENTS
INC.«JF» and
RALPH LEWlS BALLARD III
Defendants
Plaintiff THE AVANZA GROUP, LLC ("Plaintiff), by its attorney, Ariel Bouskila Esq., for
its complaint herein against INVESTMENT MANAGEMENT GROUP, LLC, DBA
fNVESTMENT MANAGEMENT GROUP, LLC ; BALLARD INVESTMENTS INC. DBA
BALLARD INVESTMENTS INC. (referred to collectively as "Company Defendant") and RALPH
LEWIS BALLARD III ("Guarantor") (Company Defendant and Guarantor collectively
"Defendants"), alleges as follows:
The Parties
1. At all relevant times, Plaintiff was and is an entity authorized to do business in the
State of New York.
2. Upon information and belief, at all relevant times, Company Defendant was and is a
company organized and existing under the laws of the State of WV.
3. Upon information and belief, at all relevant times, Guarantor was and is an individual
residing in the State of WV.
The Facts
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NYSCEF DOC. NO. 9
1 RECEIVED NYSCEF: 11/30/2021
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4. On or about May 14, 2021, Plaintiff and Defendants entered into a standard merchant
cash advance agreement (the "Agreement") whereby Plaintiff agreed to purchase all rights to
Company Defendant's future receivables having an agreed upon value of $299,800.00. A copy of
the agreement is annexed hereto as Exhibit A.
5. Pursuant to the Agreement, Company Defendant agreed to have one bank account
approved by Plaintiff (the "Bank Account") from which Company Defendant authorized Plaintiff to
make daily ACH withdrawals until $299,800.00 was fully paid to Plaintiff.
6. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff
from Company Defendant upon a breach in performance by Company Defendant.
7. Plaintiff remitted the Purchase Price for the future receivables to Company
De fendant as agreed. Initially, Company Defendant met its obligations under the Agreement.
8. Company Defendant ceased remitting to Plaintiff the Plaintiffs share of Purchased
Receivables and otherwise breached the Agreement by intentionally impeding and preventing
Plaintiff from making the agreed upon ACH withdrawals from the Bank Account while conducting
regular business operations and collecting revenue.
9. Company Defendant made payments totaling $74,950.00 leaving a balance of
$224,850.00. In addition, pursuant to the Agreement, Company Defendant incurred NSF fees in the
amount of $150.00, and a default fee in the amount of $5,000.00.
10. Despite due demand, Company Defendant has failed to remit the purchased amount
due and owing by Company Defendant to Plaintiff under the Agreement.
11. Additionally, Guarantor is responsible for all amounts incurred as a result of an)r
breach of the Company Defendant.
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NYSCEF DOC. NO. 9
1 RECEIVED NYSCEF: 11/30/2021
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12. There remains a balance due and owing to Plaintiff on the Agreement in the amount
of $230,000.00 plus interest, costs, disbursements and attorney's fees.
AS AND FOR THE FIRST CAUSE OF ACTION
(Breach of Contract)
13. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 12 of this complaint as though fully set fo1th at length herein.
14. Plaintiff gave fair consideration to Company Defendant which was tendered for the
right to receive the aforementioned receivables. Accordingly, Plaintiff fully performed under the
Agreement.
15. Upon information and belief, Company Defendant 1s still conducting regular
business operations and still collecting receivables.
16. Company Defendant has materially breached the Agreement by failing to remit to
Plaintiff the Plaintiffs share of Future Receivables, as required under the Agreement and otherwise
intentionally impeding and preventing Plaintiff from receiving the proceeds of the receivables
purchased by them.
17. Upon information and belief, Company Defendant has also materially breached the
Agreement by using more than one depositing bank (account which has not been approved by
Plaintiff.
18. By reason of the foregoing, Plaintiff has suffered damages 111 the amount of
$230,000,00, plus interest, costs, disbursements and attorney's fees.
AS AND FOR A SECOND CAUSE OF ACTION
(Personal Guarantee)
19. Plaintiff repeats and realleges each and every allegation contained in paragraphs l
through 18 of this complaint as though fully set fo1th at length herein.
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FILED: NASSAU COUNTY CLERK 11/30/2021
09/03/2021 02:14
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NYSCEF DOC. NO. 9
1 RECEIVED NYSCEF: 11/30/2021
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20. Pursuant to the Agreement, Guarantor 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.
21. Company Defendant has breached the Agreement as detailed above.
22. By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor based
on his personal guarantee in the sum of $230,000.00, plus interest, costs, disbursements
and attorney's fees.
WHEREFORE, plaintiff THE AVANZA GROUP, LLC requests judgment against
defendants INVESTMENT MANAGEMENT GROUP, LLC, OBA INVESTMENT
MANAGEMENT GROUP, LLC ; BALLARD INVESTMENTS INC. OBA BALLARD
INVESTMENTS INC. and RALPH LEWIS BALLARD III as follows:
(i) On the first cause of action of the complaint, Plaintiff requests judgment against
Company Defendant in the amount of $230,000.00, plus interest, costs, disbursements
and attorney's fees;
(ii) On the second cause of action of the complaint, Plaintiffs request judgment
against Guarantor in the amount of $230,000.00, plus interest, costs, disbursements and
attorney's fees;
(iv) For such other and fmther relief as this Comt deems just and proper.
Dated: New York, New York
September 3, 2021
Ariel Bouskila, Esq.
Berkovitch & Bouskila, PLLC
Attorneys for Plaintiff
80 Broad St Suite 3303 New
York. New York 10004
Phone:(212)729-1477
Fax:(347)342-3192
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FILED: NASSAU COUNTY CLERK 11/30/2021
09/03/2021 02:14
03:01 PM INDEX NO. 611469/2021
NYSCEF DOC. NO. 9
1 RECEIVED NYSCEF: 11/30/2021
09/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
THE AVANZA GROUP. LLC Index No.:
Plaintiff.
-against-
INVESTMENT MANAGEMENT GROUP, LLC, DBA
INVESTMENT MANAGEMENT GROUP, LLC ; BALLARD
INVESTMENTS INC. DBA BALLARD INVESTMENTS INC.«IF»
and
RALPH LEWIS BALLARD III
Defendants
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 Unifonn Rules for the Trial Couits. This notice is being
served as required by Subdivision (b) (3) of that Section.
The New York State Comts Electronic Filing System ("NYSCEF") is designed for the
electronic filing of documents with the County Clerk and the cou1t and for the electronic service of
those documents, cou1t documents, and comt notices upon counsel and self-represented patties.
Counsel and/or pa1ties 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 e-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 ce1tify in good faith
that they lack the computer equipment and (along with all employees) the requisite knowledge to
comply; and 2) self-represented paities who choose not to paiticipate in e-filing. For additional
information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF
website at ,vww.nvcou1ts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or
efile@cou1ts.state.nv.us.
Dated: September 3, 2021
Ariel Bouskila, Esq.
Berkovtich & Bouskila, PLLC
Attorneysfor Plaintiff
80 Broad St Suite 3303
New York, New York 10004
Phone:(212)729-1477
Fax:(347)342-3192
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FILED: NASSAU COUNTY CLERK 11/30/2021
09/03/2021 02:14
03:01 PM INDEX NO. 611469/2021
NYSCEF DOC. NO. 9
1 RECEIVED NYSCEF: 11/30/2021
09/03/2021
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss.:
FRANCESCO SCARSO, being duly sworn, states:
I am an authorized representative of Plaintiff THE AVANZA GROUP, LLC in the within
action. I have read the foregoing Verified Complaint and know the contents thereof; the same is true
to my knowledge, except as to the matters therein stated to be alleged upon information and belief, and
as to those matters 1 believe them to be true.
The foregoing statements are true under penalties of pe1jury.
FRANCESCO SCARSO,
Sworn to before me this
September 3, 2021.
Notary Public
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Preview
FILED: NASSAU COUNTY CLERK 11/30/2021 09/03/2021 02:14 03:01 PM INDEX NO. 611469/2021 NYSCEF DOC. NO. 9 1 RECEIVED NYSCEF: 11/30/2021 09/03/2021 SUPREME COURT OF THE STA TE OF NEW YORK COUNTY OF NASSAU THE AVANZA GROUP, LLC Index No.: Plaintiff Date Purchased -against- SUMMONS INVESTMENT MANAGEMENT GROUP, LLC, DBA Plaintiff address is INVESTMENT MANAGEMENT GROUP, LLC 3974 AMBOY ROAD, STE 306 BALLARD INVESTMENTS INC. DBA BALLARD STA TEN ISLAND, NY 10308 INVESTMENTS INC. and RALPH LEWIS BALLARD III Defendants TO THE ABOVE NAMED DEFENDANTS: 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 pa11ies. Dated: New York, New York September 3, 2021 Ariel Bouskila, Esq. Berkovitch & Bouskila, PLLC Attorneys/or Plaintiff 80 Broad St Suite 3303 New York, New York I 0004 Phone:(212)729-1477 Fax:(347)342-3192 Defendants to be served: RALPH LEWIS BALLARD III INVESTMENT MANAGEMENT GROUP, 40 l O MACCORKLE A VE SE LLC, OBA INVESTMENT CHARLESTON. WV 25304 MANAGEMENT GROUP, LLC BALLARD INVESTMENTS INC. DBA BALLARD INVESTMENTS INC. 4010 MACCORKLE AVE SE CHARLESTON, WV 25304 1 of 7 FILED: NASSAU COUNTY CLERK 11/30/2021 09/03/2021 02:14 03:01 PM INDEX NO. 611469/2021 NYSCEF DOC. NO. 9 1 RECEIVED NYSCEF: 11/30/2021 09/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU THE AVANZA GROUP, LLC Index No.: Plaintiff, -against- VERIFIED COMPLAINT INVESTMENT MANAGEMENT GROUP, LLC, DBA INVESTMENT MANAGEMENT GROUP, LLC ; BALLARD INVESTMENTS INC. DBA BALLARD INVESTMENTS INC.«JF» and RALPH LEWlS BALLARD III Defendants Plaintiff THE AVANZA GROUP, LLC ("Plaintiff), by its attorney, Ariel Bouskila Esq., for its complaint herein against INVESTMENT MANAGEMENT GROUP, LLC, DBA fNVESTMENT MANAGEMENT GROUP, LLC ; BALLARD INVESTMENTS INC. DBA BALLARD INVESTMENTS INC. (referred to collectively as "Company Defendant") and RALPH LEWIS BALLARD III ("Guarantor") (Company Defendant and Guarantor collectively "Defendants"), alleges as follows: The Parties 1. At all relevant times, Plaintiff was and is an entity authorized to do business in the State of New York. 2. Upon information and belief, at all relevant times, Company Defendant was and is a company organized and existing under the laws of the State of WV. 3. Upon information and belief, at all relevant times, Guarantor was and is an individual residing in the State of WV. The Facts 2 of 7 FILED: NASSAU COUNTY CLERK 11/30/2021 09/03/2021 02:14 03:01 PM INDEX NO. 611469/2021 NYSCEF DOC. NO. 9 1 RECEIVED NYSCEF: 11/30/2021 09/03/2021 4. On or about May 14, 2021, Plaintiff and Defendants entered into a standard merchant cash advance agreement (the "Agreement") whereby Plaintiff agreed to purchase all rights to Company Defendant's future receivables having an agreed upon value of $299,800.00. A copy of the agreement is annexed hereto as Exhibit A. 5. Pursuant to the Agreement, Company Defendant agreed to have one bank account approved by Plaintiff (the "Bank Account") from which Company Defendant authorized Plaintiff to make daily ACH withdrawals until $299,800.00 was fully paid to Plaintiff. 6. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff from Company Defendant upon a breach in performance by Company Defendant. 7. Plaintiff remitted the Purchase Price for the future receivables to Company De fendant as agreed. Initially, Company Defendant met its obligations under the Agreement. 8. Company Defendant ceased remitting to Plaintiff the Plaintiffs share of Purchased Receivables and otherwise breached the Agreement by intentionally impeding and preventing Plaintiff from making the agreed upon ACH withdrawals from the Bank Account while conducting regular business operations and collecting revenue. 9. Company Defendant made payments totaling $74,950.00 leaving a balance of $224,850.00. In addition, pursuant to the Agreement, Company Defendant incurred NSF fees in the amount of $150.00, and a default fee in the amount of $5,000.00. 10. Despite due demand, Company Defendant has failed to remit the purchased amount due and owing by Company Defendant to Plaintiff under the Agreement. 11. Additionally, Guarantor is responsible for all amounts incurred as a result of an)r breach of the Company Defendant. 3 of 7 FILED: NASSAU COUNTY CLERK 11/30/2021 09/03/2021 02:14 03:01 PM INDEX NO. 611469/2021 NYSCEF DOC. NO. 9 1 RECEIVED NYSCEF: 11/30/2021 09/03/2021 12. There remains a balance due and owing to Plaintiff on the Agreement in the amount of $230,000.00 plus interest, costs, disbursements and attorney's fees. AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract) 13. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 12 of this complaint as though fully set fo1th at length herein. 14. Plaintiff gave fair consideration to Company Defendant which was tendered for the right to receive the aforementioned receivables. Accordingly, Plaintiff fully performed under the Agreement. 15. Upon information and belief, Company Defendant 1s still conducting regular business operations and still collecting receivables. 16. Company Defendant has materially breached the Agreement by failing to remit to Plaintiff the Plaintiffs share of Future Receivables, as required under the Agreement and otherwise intentionally impeding and preventing Plaintiff from receiving the proceeds of the receivables purchased by them. 17. Upon information and belief, Company Defendant has also materially breached the Agreement by using more than one depositing bank (account which has not been approved by Plaintiff. 18. By reason of the foregoing, Plaintiff has suffered damages 111 the amount of $230,000,00, plus interest, costs, disbursements and attorney's fees. AS AND FOR A SECOND CAUSE OF ACTION (Personal Guarantee) 19. Plaintiff repeats and realleges each and every allegation contained in paragraphs l through 18 of this complaint as though fully set fo1th at length herein. 4 of 7 FILED: NASSAU COUNTY CLERK 11/30/2021 09/03/2021 02:14 03:01 PM INDEX NO. 611469/2021 NYSCEF DOC. NO. 9 1 RECEIVED NYSCEF: 11/30/2021 09/03/2021 20. Pursuant to the Agreement, Guarantor 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. 21. Company Defendant has breached the Agreement as detailed above. 22. By reason of the foregoing, Plaintiff is entitled to judgment against Guarantor based on his personal guarantee in the sum of $230,000.00, plus interest, costs, disbursements and attorney's fees. WHEREFORE, plaintiff THE AVANZA GROUP, LLC requests judgment against defendants INVESTMENT MANAGEMENT GROUP, LLC, OBA INVESTMENT MANAGEMENT GROUP, LLC ; BALLARD INVESTMENTS INC. OBA BALLARD INVESTMENTS INC. and RALPH LEWIS BALLARD III as follows: (i) On the first cause of action of the complaint, Plaintiff requests judgment against Company Defendant in the amount of $230,000.00, plus interest, costs, disbursements and attorney's fees; (ii) On the second cause of action of the complaint, Plaintiffs request judgment against Guarantor in the amount of $230,000.00, plus interest, costs, disbursements and attorney's fees; (iv) For such other and fmther relief as this Comt deems just and proper. Dated: New York, New York September 3, 2021 Ariel Bouskila, Esq. Berkovitch & Bouskila, PLLC Attorneys for Plaintiff 80 Broad St Suite 3303 New York. New York 10004 Phone:(212)729-1477 Fax:(347)342-3192 5 of 7 FILED: NASSAU COUNTY CLERK 11/30/2021 09/03/2021 02:14 03:01 PM INDEX NO. 611469/2021 NYSCEF DOC. NO. 9 1 RECEIVED NYSCEF: 11/30/2021 09/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU THE AVANZA GROUP. LLC Index No.: Plaintiff. -against- INVESTMENT MANAGEMENT GROUP, LLC, DBA INVESTMENT MANAGEMENT GROUP, LLC ; BALLARD INVESTMENTS INC. DBA BALLARD INVESTMENTS INC.«IF» and RALPH LEWIS BALLARD III Defendants 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 Unifonn Rules for the Trial Couits. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Comts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the cou1t and for the electronic service of those documents, cou1t documents, and comt notices upon counsel and self-represented patties. Counsel and/or pa1ties 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 e-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 ce1tify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented paities who choose not to paiticipate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at ,vww.nvcou1ts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@cou1ts.state.nv.us. Dated: September 3, 2021 Ariel Bouskila, Esq. Berkovtich & Bouskila, PLLC Attorneysfor Plaintiff 80 Broad St Suite 3303 New York, New York 10004 Phone:(212)729-1477 Fax:(347)342-3192 6 of 7 FILED: NASSAU COUNTY CLERK 11/30/2021 09/03/2021 02:14 03:01 PM INDEX NO. 611469/2021 NYSCEF DOC. NO. 9 1 RECEIVED NYSCEF: 11/30/2021 09/03/2021 STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss.: FRANCESCO SCARSO, being duly sworn, states: I am an authorized representative of Plaintiff THE AVANZA GROUP, LLC in the within action. I have read the foregoing Verified Complaint and know the contents thereof; the same is true to my knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters 1 believe them to be true. The foregoing statements are true under penalties of pe1jury. FRANCESCO SCARSO, Sworn to before me this September 3, 2021. Notary Public 7 of 7