Preview
FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM INDEX NO. 138146-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
Ontario County Clerk Recording Page
Return To Jean E. Chrisman, County Clerk
ISAAC HIRSCH GREENFIELD Ontario County Clerk
2 Executive Blvd., Ste. 305 20 Ontario Street
Suffern, NY 10901 Canandaigua, New York 14424
(585) 396-4200
Document Type: SUMMONS + COMPLAINT Receipt Number: 725135
Plaintiff Defendant
REGAL CAPITAL INC JJJ VASQUEZ TRUCKING INC
Fees
Control #: 202402070183
Total Fees Paid: $0.00
Index #: 138146-2024
State of New York
County of Ontario
EFiling through NYSCEF with a total page count of
7.
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
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202402070183 IndexNO.
INDEX # : 138146-2024
138146-2024
FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONTARIO
----------------------------------------------------------------------------X Index No.:
REGAL CAPITAL INC, Date Filed:
PLAINTIFF, SUMMONS
Plaintiff's Place of Business:
-AGAINST- 161 Kings Highway
Brooklyn, New York 11204
J.J.J VASQUEZ TRUCKING INC
and JUAN ARTURO VASQUEZ, The basis of the venue is pursuant
to the contract entered into
DEFENDANT(S), between the parties. Plaintiff
designates Ontario County as the
place of trial.
---------------------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANT(S):
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 the summons, to serve a notice of appearance, on
the Plaintiff’s attorney within twenty (20) days after the service of this Summons, exclusive of the day
of service (or within thirty (30) days after completion of service where service 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: Suffern, New York
February 7, 2024
______
Isaac H. Greenfield, Esq.
Law Offices of Isaac H. Greenfield, PLLC
Attorney for Plaintiff
2 Executive Blvd., Ste. 305
Suffern, NY 10901
Phone: (718) 564-6268
Fax: (516) 387-1117
Defendants to be served:
J.J.J VASQUEZ TRUCKING INC
10315 Woodley Ave Ste 129, Granada Hills, CA 91344
JUAN ARTURO VASQUEZ
6712 Sherman Way, Bell, CA 90201
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202402070183 IndexNO.
INDEX #: 138146-2024
138146-2024
FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONTARIO
------------------------------------------------------------------------------X
REGAL CAPITAL INC,
INDEX NO.:
DATE FILED:
PLAINTIFF,
-AGAINST- VERIFIED COMPLAINT
J.J.J VASQUEZ TRUCKING INC
and JUAN ARTURO VASQUEZ,
DEFENDANT(S).
------------------------------------------------------------------------------X
Plaintiff, REGAL CAPITAL INC, by its attorney, Isaac H. Greenfield, Esq, complaining of the
defendant(s), respectfully alleges:
1. Plaintiff, REGAL CAPITAL INC, is an entity organized under the laws of the United States of
America. Plaintiff is an entity authorized to do business in the State of New York.
2. Upon information and belief, at all relevant times Company Defendant J.J.J VASQUEZ
TRUCKING INC (hereinafter “Company Defendant”) was and is a company organized and existing
under the laws of California.
3. Upon information and belief, at all relevant times, Defendant Guarantor JUAN ARTURO
VASQUEZ (hereinafter “Defendant Guarantor”) was and is an individual residing in the State of
California. “Defendants” shall include Company Defendant and Defendant Guarantor.
VENUE
4. Venue is proper in this breach of contract claim, pursuant to the subject contract which contains a
clause specifying that New York is the exclusive jurisdiction for all disputes arising under the
contract.
THE FACTS
5. On or about November 03, 2023, Plaintiff and Company Defendant entered into a Purchase and Sale
of Future Receivables Agreement (hereinafter the “Agreement”) whereby Plaintiff agreed to purchase
all rights of Company Defendant’s future receivables having an agreed upon value of $32,978.00. The
purchase price for said receivables was $22,000.00.
6. In addition, Defendant Guarantor personally guaranteed any and all amounts owed to Plaintiff from
Company Defendant, upon a breach in performance by Company Defendant.
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FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
7. Pursuant to the Agreement, Company Defendant agreed to have one bank account approved by
Plaintiff from which Company Defendant authorized Plaintiff to make daily ACH withdrawals until
the $32,978.00 was fully paid to Plaintiff.
8. Plaintiff remitted the purchase price for the future receivables to Company Defendant as agreed.
9. Initially, Company Defendant met its obligation under the Agreement, however, on or about January
22, 2024, Company Defendant breached the Agreement by failing to perform its obligations under the
terms of the Agreement, by intentionally impeding and depriving Plaintiff of its daily ACH
withdrawals from the specified bank account all while still conducting regular business operations.
Company Defendant has paid a total of $8,052.00 to Plaintiff leaving a balance due and owing the
amount of $24,926.00.
10. In addition, pursuant to Appendix A of the Agreement, Company Defendant incurred a Default Fee in
the amount of $8,225.58 (which, upon the occurrence of an event of default, is calculated as thirty-
three percent (33%) of the remaining balance of the purchased amount of future receivables to be
applied to the balance owed to Plaintiff) for Company Defendant’s failure to direct the agreed upon
payment(s) to Plaintiff and for Company Defendant changing its bank account from the specified bank
account.
11. Despite due demand, Company Defendant has failed to pay the amounts due and owing by Company
Defendant to Plaintiff under the Agreement.
12. Additionally, Defendant Guarantor are responsible for all amounts incurred as a result of any default
of the Company Defendant.
13. There remains a balance due and owing to Plaintiff on the Agreement in the amount of $33,151.58,
plus interest from January 22, 2024, costs, disbursements and attorney’s fees.
FOR A FIRST CAUSE OF ACTION: BREACH OF CONTRACT
14. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 13 of this
complaint as though fully set forth at length herein.
15. 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.
16. Upon information and belief, Company Defendant is still conducting regular business operations and
still collecting receivables.
17. Company Defendant has materially breached the Agreement by failing to divert the specified payment
amount to Plaintiff as required under the Agreement.
18. 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.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
19. By reason of the foregoing, Plaintiff has suffered damages and is entitled to judgment against
Company Defendant based on Company Defendant’s breach of contract in the amount of $33,151.58,
plus interest from January 22, 2024, costs, disbursements and attorney’s fees.
FOR A SECOND CAUSE OF ACTION: PERSONAL GUARANTEE
20. Plaintiff repeats and re-alleges each and every allegation contained in paragraph 1 through 19 of this
complaint as though fully set forth at length herein.
21. Pursuant to the Agreement, Defendant Guarantor personally guaranteed that Company Defendant
would perform its obligations thereunder and that he or she would be personally liable for any loss
suffered by Plaintiff as a result of certain breaches by Company Defendant.
22. Company Defendant has breached the Agreement by failing to pay its obligations to Plaintiff.
23. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant Guarantor based on his
or her personal guarantee in the sum of $33,151.58, plus interest from January 22, 2024, costs,
disbursements and attorney’s fees.
WHEREFORE, Plaintiff REGAL CAPITAL INC requests judgment against Defendants J.J.J
VASQUEZ TRUCKING INC and JUAN ARTURO VASQUEZ as follows:
(a) on the first cause of action of the complaint, Plaintiff, REGAL CAPITAL INC requests judgment
against Company Defendant in the sum of $33,151.58, plus interest from January 22, 2024, costs
and attorney's fees;
(b) on the second cause of action of the complaint, Plaintiff REGAL CAPITAL INC requests
judgment against Defendant Guarantor in the amount of $33,151.58, plus interest from January
22, 2024, costs and attorney's fees;
(c) for such other further relief as this Court deems just and proper.
Dated: Suffern, New York
February 7, 2024
__
Isaac H. Greenfield, Esq.
Law Offices of Isaac H. Greenfield PLLC
Attorney for Plaintiff
2 Executive Blvd., Ste. 305
Suffern, NY 10901
Phone: (718) 564-6268
Fax: (516) 387-1117
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202402070183 IndexNO.
INDEX #: 138146-2024
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FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
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INDEX #: 138146-2024
138146-2024
FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONTARIO
--------------------------------------------------------------------------------X
REGAL CAPITAL INC,
INDEX NO.:
PLAINTIFF,
-AGAINST-
J.J.J VASQUEZ TRUCKING INC
and JUAN ARTURO VASQUEZ,
DEFENDANT(S).
-----------------------------------------------------------------------------------X
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 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 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: Suffern, New York
February 7, 2024
__ ___
Isaac H. Greenfield, Esq.
Law Offices of Isaac H. Greenfield, PLLC
Attorney for Plaintiff
2 Executive Blvd., Ste. 305
Suffern, NY 10901
Phone: (718) 564-6268
Fax: (516) 387-1117
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Preview
FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM INDEX NO. 138146-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 Ontario County Clerk Recording Page Return To Jean E. Chrisman, County Clerk ISAAC HIRSCH GREENFIELD Ontario County Clerk 2 Executive Blvd., Ste. 305 20 Ontario Street Suffern, NY 10901 Canandaigua, New York 14424 (585) 396-4200 Document Type: SUMMONS + COMPLAINT Receipt Number: 725135 Plaintiff Defendant REGAL CAPITAL INC JJJ VASQUEZ TRUCKING INC Fees Control #: 202402070183 Total Fees Paid: $0.00 Index #: 138146-2024 State of New York County of Ontario EFiling through NYSCEF with a total page count of 7. 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 7 202402070183 IndexNO. INDEX # : 138146-2024 138146-2024 FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO ----------------------------------------------------------------------------X Index No.: REGAL CAPITAL INC, Date Filed: PLAINTIFF, SUMMONS Plaintiff's Place of Business: -AGAINST- 161 Kings Highway Brooklyn, New York 11204 J.J.J VASQUEZ TRUCKING INC and JUAN ARTURO VASQUEZ, The basis of the venue is pursuant to the contract entered into DEFENDANT(S), between the parties. Plaintiff designates Ontario County as the place of trial. ---------------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANT(S): 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 the summons, to serve a notice of appearance, on the Plaintiff’s attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after completion of service where service 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: Suffern, New York February 7, 2024 ______ Isaac H. Greenfield, Esq. Law Offices of Isaac H. Greenfield, PLLC Attorney for Plaintiff 2 Executive Blvd., Ste. 305 Suffern, NY 10901 Phone: (718) 564-6268 Fax: (516) 387-1117 Defendants to be served: J.J.J VASQUEZ TRUCKING INC 10315 Woodley Ave Ste 129, Granada Hills, CA 91344 JUAN ARTURO VASQUEZ 6712 Sherman Way, Bell, CA 90201 2 of 7 202402070183 IndexNO. INDEX #: 138146-2024 138146-2024 FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO ------------------------------------------------------------------------------X REGAL CAPITAL INC, INDEX NO.: DATE FILED: PLAINTIFF, -AGAINST- VERIFIED COMPLAINT J.J.J VASQUEZ TRUCKING INC and JUAN ARTURO VASQUEZ, DEFENDANT(S). ------------------------------------------------------------------------------X Plaintiff, REGAL CAPITAL INC, by its attorney, Isaac H. Greenfield, Esq, complaining of the defendant(s), respectfully alleges: 1. Plaintiff, REGAL CAPITAL INC, is an entity organized under the laws of the United States of America. Plaintiff is an entity authorized to do business in the State of New York. 2. Upon information and belief, at all relevant times Company Defendant J.J.J VASQUEZ TRUCKING INC (hereinafter “Company Defendant”) was and is a company organized and existing under the laws of California. 3. Upon information and belief, at all relevant times, Defendant Guarantor JUAN ARTURO VASQUEZ (hereinafter “Defendant Guarantor”) was and is an individual residing in the State of California. “Defendants” shall include Company Defendant and Defendant Guarantor. VENUE 4. Venue is proper in this breach of contract claim, pursuant to the subject contract which contains a clause specifying that New York is the exclusive jurisdiction for all disputes arising under the contract. THE FACTS 5. On or about November 03, 2023, Plaintiff and Company Defendant entered into a Purchase and Sale of Future Receivables Agreement (hereinafter the “Agreement”) whereby Plaintiff agreed to purchase all rights of Company Defendant’s future receivables having an agreed upon value of $32,978.00. The purchase price for said receivables was $22,000.00. 6. In addition, Defendant Guarantor personally guaranteed any and all amounts owed to Plaintiff from Company Defendant, upon a breach in performance by Company Defendant. 3 of 7 202402070183 IndexNO. INDEX #: 138146-2024 138146-2024 FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 7. Pursuant to the Agreement, Company Defendant agreed to have one bank account approved by Plaintiff from which Company Defendant authorized Plaintiff to make daily ACH withdrawals until the $32,978.00 was fully paid to Plaintiff. 8. Plaintiff remitted the purchase price for the future receivables to Company Defendant as agreed. 9. Initially, Company Defendant met its obligation under the Agreement, however, on or about January 22, 2024, Company Defendant breached the Agreement by failing to perform its obligations under the terms of the Agreement, by intentionally impeding and depriving Plaintiff of its daily ACH withdrawals from the specified bank account all while still conducting regular business operations. Company Defendant has paid a total of $8,052.00 to Plaintiff leaving a balance due and owing the amount of $24,926.00. 10. In addition, pursuant to Appendix A of the Agreement, Company Defendant incurred a Default Fee in the amount of $8,225.58 (which, upon the occurrence of an event of default, is calculated as thirty- three percent (33%) of the remaining balance of the purchased amount of future receivables to be applied to the balance owed to Plaintiff) for Company Defendant’s failure to direct the agreed upon payment(s) to Plaintiff and for Company Defendant changing its bank account from the specified bank account. 11. Despite due demand, Company Defendant has failed to pay the amounts due and owing by Company Defendant to Plaintiff under the Agreement. 12. Additionally, Defendant Guarantor are responsible for all amounts incurred as a result of any default of the Company Defendant. 13. There remains a balance due and owing to Plaintiff on the Agreement in the amount of $33,151.58, plus interest from January 22, 2024, costs, disbursements and attorney’s fees. FOR A FIRST CAUSE OF ACTION: BREACH OF CONTRACT 14. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 13 of this complaint as though fully set forth at length herein. 15. 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. 16. Upon information and belief, Company Defendant is still conducting regular business operations and still collecting receivables. 17. Company Defendant has materially breached the Agreement by failing to divert the specified payment amount to Plaintiff as required under the Agreement. 18. 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. 4 of 7 202402070183 IndexNO. INDEX #: 138146-2024 138146-2024 FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 19. By reason of the foregoing, Plaintiff has suffered damages and is entitled to judgment against Company Defendant based on Company Defendant’s breach of contract in the amount of $33,151.58, plus interest from January 22, 2024, costs, disbursements and attorney’s fees. FOR A SECOND CAUSE OF ACTION: PERSONAL GUARANTEE 20. Plaintiff repeats and re-alleges each and every allegation contained in paragraph 1 through 19 of this complaint as though fully set forth at length herein. 21. Pursuant to the Agreement, Defendant Guarantor personally guaranteed that Company Defendant would perform its obligations thereunder and that he or she would be personally liable for any loss suffered by Plaintiff as a result of certain breaches by Company Defendant. 22. Company Defendant has breached the Agreement by failing to pay its obligations to Plaintiff. 23. By reason of the foregoing, Plaintiff is entitled to judgment against Defendant Guarantor based on his or her personal guarantee in the sum of $33,151.58, plus interest from January 22, 2024, costs, disbursements and attorney’s fees. WHEREFORE, Plaintiff REGAL CAPITAL INC requests judgment against Defendants J.J.J VASQUEZ TRUCKING INC and JUAN ARTURO VASQUEZ as follows: (a) on the first cause of action of the complaint, Plaintiff, REGAL CAPITAL INC requests judgment against Company Defendant in the sum of $33,151.58, plus interest from January 22, 2024, costs and attorney's fees; (b) on the second cause of action of the complaint, Plaintiff REGAL CAPITAL INC requests judgment against Defendant Guarantor in the amount of $33,151.58, plus interest from January 22, 2024, costs and attorney's fees; (c) for such other further relief as this Court deems just and proper. Dated: Suffern, New York February 7, 2024 __ Isaac H. Greenfield, Esq. Law Offices of Isaac H. Greenfield PLLC Attorney for Plaintiff 2 Executive Blvd., Ste. 305 Suffern, NY 10901 Phone: (718) 564-6268 Fax: (516) 387-1117 5 of 7 202402070183 IndexNO. INDEX #: 138146-2024 138146-2024 FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 6 of 7 202402070183 IndexNO. INDEX #: 138146-2024 138146-2024 FILED: ONTARIO COUNTY CLERK 02/07/2024 01:26 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO --------------------------------------------------------------------------------X REGAL CAPITAL INC, INDEX NO.: PLAINTIFF, -AGAINST- J.J.J VASQUEZ TRUCKING INC and JUAN ARTURO VASQUEZ, DEFENDANT(S). -----------------------------------------------------------------------------------X 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 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 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: Suffern, New York February 7, 2024 __ ___ Isaac H. Greenfield, Esq. Law Offices of Isaac H. Greenfield, PLLC Attorney for Plaintiff 2 Executive Blvd., Ste. 305 Suffern, NY 10901 Phone: (718) 564-6268 Fax: (516) 387-1117 7 of 7