Preview
FILED: KINGS COUNTY CLERK 01/18/2024 02:22 PM INDEX NO. 522082/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/18/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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EXTEND FUNDING, LLC, :
:
Plaintiff, : Index No.: 522082/2023
:
-against- :
:
PASCHALL HVAC LLC D/B/A PASCHALL HVAC :
and JOSEPH BRIAN PASCHALL, :
:
Defendants :
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AFFIRMATION OF COUNSEL
Antranig Garibian Esq., an attorney duly admitted to practice law before the Courts of the
State of New York, affirms the following under penalty of perjury:
1. I am the principal of the law firm of Garibian Law Offices, P.C. attorneys for
Defendants in this action.
2. As such, I am fully familiar with the facts and circumstances set forth herein. I
submit this Affirmation in support of Defendants’ Opposition to Plaintiff’s Motion for Summary
Judgment and Cross Motion to Dismiss.
3. Attached hereto as Exhibit “A” is a true and accurate copy of Plaintiff’s
Complaint (the “Complaint”).
4. Attached hereto as Exhibit “B” is a true and accurate copy of Defendants’ Answer
to Plaintiff’s Complaint (the “Complaint”).
5. Attached hereto as Exhibit “C” is a true and accurate copy of the Supreme Court
of the State of New York (Kings County) dismissal Decision and Order, issued by Hon. Karen B.
Rothenberg on March 20, 2023, in Harper Advance v. Chance Reynolds Trucking LLC (Index
No. 522065/2020) (Supreme Court of the State of New York, Kings County).
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NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/18/2024
6. Attached hereto as Exhibit “D” is a true and accurate copy of the Supreme Court
of the State of New York (Kings County) dismissal Decision and Order, issued by Hon. Karen B.
Rothenberg on June 16, 2023, in Fox Capital Group, Inc. v. R.C. Miller Construction LLC, et al.
(Index No. 519266/2022) (Supreme Court of the State of New York, Kings County).
7. Attached hereto as Exhibit “E” is a true and accurate copy of the Supreme Court
of the State of New York (Queens County) dismissal Decision and Order, issued by Hon. Pam
Jackman Brown on June 9, 2023, in Pearl Beta Funding, LLC v. Elegant Trio Colors Corp, et al.
(Index No. 706306/2022) (Supreme Court of the State of New York, Queens County).
8. Attached hereto as Exhibit “F” is a true and accurate copy of the Supreme Court
of the State of New York (Kings County) dismissal Decision and Order, issued by Hon. Francois
A. Rivera on August 25, 2023, in Parkview Advance LLC v High Purity Natural Prods., LLC.
(Index No. 527753/2021) (Supreme Court of the State of New York, Kings County).
9. Attached hereto as Exhibit “G” is a true and accurate copy of the Supreme Court
of the State of New York (New York County) dismissal Decision and Order, issued by Hon.
Gerald Lebovits, in Mobile Programming LLC v Tallapureddy (Index No. 161883/2019)
(Supreme Court of the State of New York, New York County).
10. Attached hereto as Exhibit “H” is a true and correct copy of the page I obtained
on January 18, 2024 from “ct.gov” – the official website of the State of Connecticut listing
Plaintiff as a Connecticut limited liability company.
11. Attached as Exhibit I is the October 11, 2023 decision from the Supreme Court of
New York, Appellate Division, Second Department, in Crystal Springs Capital v. Big Thicket
Coin. (2022-00579).
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12. Attached as Exhibit J is the May 2, 2023 order denying Plaintiff summary
judgment in Unique Funding Solutions, LLC v. Bulldog Concrete LLC and Arthur J. Krueger,
Index No. 609620/2022 (Supreme Court of New York, Nassau County).
13. Attached as Exhibit K is the May 25, 2023 order denying Plaintiff summary
judgment in Kalamata Capital LLC v. CJL Logistics Inc, et al., Index No. E2022-2241 (Supreme
Court of New York, Sullivan County).
14. Attached as Exhibit L is the August 7, 2023 order denying Plaintiff summary
judgment in Kalamata Capital LLC v. CJL Logistics Inc, et al., Index No. E2022-2241 (Supreme
Court of New York, Sullivan County).
15. Attached as Exhibit M is the September 5, 2023 order partially denying Plaintiff
summary judgment in Byzfunder NY LLC v Holy City Collision, et al., Index No. 133632-2022
(Supreme Court of New York, Ontario County).
WHEREFORE, Defendants respectfully request that the Court deny Plaintiff’s summary
judgment motion and grant their motion to dismiss Plaintiff’s Complaint pursuant to CPLR §
3211(a)(2), CPLR § 3211(a)(8) and CPLR 302, together with such other and further relief as the
Court deems just and proper.
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FILED: KINGS COUNTY CLERK 01/18/2024 02:22 PM INDEX NO. 522082/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/18/2024
Dated: New York, NY
January 18, 2024
GARIBIAN LAW OFFICES, P.C.
By: /s/Antranig Garibian______________
Antranig N. Garibian, Esquire
18 East 41st Street, 6th Floor
New York, NY 10017
Attorney for Defendants
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CERTIFICATION
PURSUANT TO UNIFORM CIVIL RULES FOR THE SUPREME COURT AND THE
COUNTY COURT SECTION 202.8-b
In accordance with Section 202.8-b of the Uniform Civil Rules for the Supreme Court
and the County Court, I, Antranig Garibian, certify that the foregoing Affirmation is 677 words,
exclusive of the caption, table of contents, table of authorities, and signature block. The basis of
my knowledge is the word count feature of the word-processing system used to prepare this
document.
Dated: New York, NY
January 18, 2024
Antranig Garibian
Antranig Garibian
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Preview
FILED: KINGS COUNTY CLERK 01/18/2024 02:22 PM INDEX NO. 522082/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------X EXTEND FUNDING, LLC, : : Plaintiff, : Index No.: 522082/2023 : -against- : : PASCHALL HVAC LLC D/B/A PASCHALL HVAC : and JOSEPH BRIAN PASCHALL, : : Defendants : ------------------------------------------------------------------------X AFFIRMATION OF COUNSEL Antranig Garibian Esq., an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following under penalty of perjury: 1. I am the principal of the law firm of Garibian Law Offices, P.C. attorneys for Defendants in this action. 2. As such, I am fully familiar with the facts and circumstances set forth herein. I submit this Affirmation in support of Defendants’ Opposition to Plaintiff’s Motion for Summary Judgment and Cross Motion to Dismiss. 3. Attached hereto as Exhibit “A” is a true and accurate copy of Plaintiff’s Complaint (the “Complaint”). 4. Attached hereto as Exhibit “B” is a true and accurate copy of Defendants’ Answer to Plaintiff’s Complaint (the “Complaint”). 5. Attached hereto as Exhibit “C” is a true and accurate copy of the Supreme Court of the State of New York (Kings County) dismissal Decision and Order, issued by Hon. Karen B. Rothenberg on March 20, 2023, in Harper Advance v. Chance Reynolds Trucking LLC (Index No. 522065/2020) (Supreme Court of the State of New York, Kings County). 1 of 5 FILED: KINGS COUNTY CLERK 01/18/2024 02:22 PM INDEX NO. 522082/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/18/2024 6. Attached hereto as Exhibit “D” is a true and accurate copy of the Supreme Court of the State of New York (Kings County) dismissal Decision and Order, issued by Hon. Karen B. Rothenberg on June 16, 2023, in Fox Capital Group, Inc. v. R.C. Miller Construction LLC, et al. (Index No. 519266/2022) (Supreme Court of the State of New York, Kings County). 7. Attached hereto as Exhibit “E” is a true and accurate copy of the Supreme Court of the State of New York (Queens County) dismissal Decision and Order, issued by Hon. Pam Jackman Brown on June 9, 2023, in Pearl Beta Funding, LLC v. Elegant Trio Colors Corp, et al. (Index No. 706306/2022) (Supreme Court of the State of New York, Queens County). 8. Attached hereto as Exhibit “F” is a true and accurate copy of the Supreme Court of the State of New York (Kings County) dismissal Decision and Order, issued by Hon. Francois A. Rivera on August 25, 2023, in Parkview Advance LLC v High Purity Natural Prods., LLC. (Index No. 527753/2021) (Supreme Court of the State of New York, Kings County). 9. Attached hereto as Exhibit “G” is a true and accurate copy of the Supreme Court of the State of New York (New York County) dismissal Decision and Order, issued by Hon. Gerald Lebovits, in Mobile Programming LLC v Tallapureddy (Index No. 161883/2019) (Supreme Court of the State of New York, New York County). 10. Attached hereto as Exhibit “H” is a true and correct copy of the page I obtained on January 18, 2024 from “ct.gov” – the official website of the State of Connecticut listing Plaintiff as a Connecticut limited liability company. 11. Attached as Exhibit I is the October 11, 2023 decision from the Supreme Court of New York, Appellate Division, Second Department, in Crystal Springs Capital v. Big Thicket Coin. (2022-00579). 2 of 5 FILED: KINGS COUNTY CLERK 01/18/2024 02:22 PM INDEX NO. 522082/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/18/2024 12. Attached as Exhibit J is the May 2, 2023 order denying Plaintiff summary judgment in Unique Funding Solutions, LLC v. Bulldog Concrete LLC and Arthur J. Krueger, Index No. 609620/2022 (Supreme Court of New York, Nassau County). 13. Attached as Exhibit K is the May 25, 2023 order denying Plaintiff summary judgment in Kalamata Capital LLC v. CJL Logistics Inc, et al., Index No. E2022-2241 (Supreme Court of New York, Sullivan County). 14. Attached as Exhibit L is the August 7, 2023 order denying Plaintiff summary judgment in Kalamata Capital LLC v. CJL Logistics Inc, et al., Index No. E2022-2241 (Supreme Court of New York, Sullivan County). 15. Attached as Exhibit M is the September 5, 2023 order partially denying Plaintiff summary judgment in Byzfunder NY LLC v Holy City Collision, et al., Index No. 133632-2022 (Supreme Court of New York, Ontario County). WHEREFORE, Defendants respectfully request that the Court deny Plaintiff’s summary judgment motion and grant their motion to dismiss Plaintiff’s Complaint pursuant to CPLR § 3211(a)(2), CPLR § 3211(a)(8) and CPLR 302, together with such other and further relief as the Court deems just and proper. 3 of 5 FILED: KINGS COUNTY CLERK 01/18/2024 02:22 PM INDEX NO. 522082/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/18/2024 Dated: New York, NY January 18, 2024 GARIBIAN LAW OFFICES, P.C. By: /s/Antranig Garibian______________ Antranig N. Garibian, Esquire 18 East 41st Street, 6th Floor New York, NY 10017 Attorney for Defendants 4 of 5 FILED: KINGS COUNTY CLERK 01/18/2024 02:22 PM INDEX NO. 522082/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/18/2024 CERTIFICATION PURSUANT TO UNIFORM CIVIL RULES FOR THE SUPREME COURT AND THE COUNTY COURT SECTION 202.8-b In accordance with Section 202.8-b of the Uniform Civil Rules for the Supreme Court and the County Court, I, Antranig Garibian, certify that the foregoing Affirmation is 677 words, exclusive of the caption, table of contents, table of authorities, and signature block. The basis of my knowledge is the word count feature of the word-processing system used to prepare this document. Dated: New York, NY January 18, 2024 Antranig Garibian Antranig Garibian 5 of 5