Preview
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
------------------------------------------------------------------------X
SIMPLY FUNDING, LLC, SUMMONS
Plaintiff,
-against- Index No.
Date Filed:
CEAZOR FENCE INC, DBA CEAZOR .
FENCE; ASEM GLOBAL 1 LLC; and
s pu s an o the
EVELYN NAVA, aka EVELYN MERCADO Agreement entered into
NAVA, aka EVELYN ALHAMDOUN, between the parties.
Defendants.
Plaintiff's Address:
------------------------------------------------------------------------X 1170 Rt 17M, Suite #2
Chester, NY 10918
TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned to answer the complaint in this action, and to serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of appearance
on the plaintiff's attorneys within twenty days after the service of this summons, exclusive of the
day of service where service is made by delivery upon you personally within the state, or, within
30 days after completion of service where service is made in any other manner. 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: Nassau, New York
February 29, 2024
By: /s/Chaim D. Berger
Chaim D. Berger, Esq.
Berger Law Firm LLC
333 Pearsall Ave, Suite 210
Cedarhurst, NY 11516
(646) 661-4431
Attorney for Plaintiff Simply Funding, LLC
Mail To:
Simply Funding, LLC
300 N Main St, STE 107
Spring Valley, NY 10977
(646) 661-3818
Filed in Orange County 02/29/2024 04:58:18 PM $0.00 1 of
Bk: 5156 9 Pg: 1522 Index: # EF001719-2024 Clerk: EBR
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
Defendants'
to be served:
Ceazor Fence Inc, Evelyn Nava, aka Evelyn Mercado Nava,
DBA Ceazor Fence aka Evelyn Alhamdoun
8800 S Harlem Ave, TRLR #2126 8800 S Harlem Ave, TRLR #2126
Bridgeview IL 60455 Bridgeview IL 60455
Asem Global 1 LLC
8800 S Harlem Ave, TRLR #2126
Bridgeview IL 60455
2 of 9
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
------------------------------------------------------------------------X
SIMPLY FUNDING, LLC, VERIFIED COMPLAINT
Plaintiff,
Index No.
-against-
CEAZOR FENCE INC, DBA CEAZOR
FENCE; ASEM GLOBAL 1 LLC; and
EVELYN NAVA, aka EVELYN MERCADO
NAVA, aka EVELYN ALHAMDOUN,
Defendants.
------------------------------------------------------------------------X
"Simply"
Plaintiff Simply Funding, LLC (hereinafter, or "Plaintiff'), by and through its
attorney, Chaim D. Berger, as and for its Verified Complaint, alleges as follows:
PARTIES AND VENUE
1. Plaintiff is a limited liability company organized in the State of New York with its
principal place of business located at 1170 Rt 17M, Suite #2, Chester, NY 10918.
2. Ceazor Fence Inc, DBA Ceazor Fence ("CFI") is a corporation organized in the
state of Illinois and has its principal place of business located at 8800 S Harlem Ave, TRLR #2126,
("ASLLC" "CFA"
Bridgeview IL 60455. Asem Global 1 LLC and together with CFI, or
"Corporate Defendant") is a limited liability company organized in the state of Illinois and has its
principal place of business located at 8800 S Harlem Ave, TRLR #2126, Bridgeview IL 60455.
("Nava"
3. Evelyn Nava, aka Evelyn Mercado Nava, aka Evelyn Alhamdoun or
"Guarantor"
and collectively with the Corporate Defendant, "Defendants") is an individual
residing at 8800 S Harlem Ave, TRLR #2126, Bridgeview IL 60455, and is the owner of CFA.
4. This Court has jurisdiction over Defendants because they consented to jurisdiction
pursuant to the Agreement referenced below.
3 of 9
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
5. Venue is proper in Orange County pursuant to the Agreement entered into between
the parties.
NATURE OF THE ACTION
Defendants'
6. Plaintiff brings this action against the Defendants for the breach of a
contract between the parties. The parties entered into a contract whereby Plaintiff purchased a
specified sum of the receivables owned by Corporate Defendant. Performance of the contract by
the Corporate Defendant was personally guaranteed by the Guarantors. Defendants failed to comply
with the terms of the Contract and thereby defaulted thereunder. The instant action is brought to
attorneys'
recover the sums due and owing to Simply, as well as the costs and fees incurred by the
prosecution of this action.
RELEVANT FACTS
7. On October 25, 2023, Simply entered a Receivables Purchase Agreement (the
"Agreement") with Defendants whereby Simply agreed to buy thirteen point eighty-four percent
(13.84%) (the "Purchased Percentage") of CFA's future receivables until Simply received the sum
of $16,680.00 (the "Purchased Amount"), in exchange for an immediate lump-sum cash payment
of $12,000.00 (the "Purchase Price") from Simply to CFA. A copy of the Agreement is attached
hereto as Exhibit A.
8. In coordination and as a material condition of the Agreement, Guarantors executed
a Guaranty of Performance (the "Guaranty") whereby Guarantors personally and unconditionally
guaranteed the performance by CFA of its obligations under the Agreement.
9. On or around October 25, 2023, Simply paid to CFA the Purchase Price less an
agreed upon origination fee of $480.00.
4 of 9
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
10. Pursuant to the Agreement, Defendants agreed to have one bank account (the
"Designated Account") approved by Simply from which Defendants authorized Simply to debit
its Purchased Percentage 13.84% of the daily receivables via ACH transactions.
11. Pursuant to Attachment A of the Agreement (the "Processing Cost Schedule"), in
the event that CFA changed bank accounts, intentionally diverted its receivables to another
account, directed its bank to reject, or otherwise block any of the Simply ACH transactions, or
commits another default pursuant to the Agreement, Defendants would be charged a fee of
$2,500.00 (the "Default Fee").
12. Between November 1, 2023, and January 31, 2024, the Defendants partially
performed under the Agreement by making payments totaling $5,957.10 to Simply.
13. On or about February 7, 2024, Defendants refused to continue performing under
the Agreement while still conducting business operations.
14. On or about February 7, 2024, Defendants began interfering with and preventing
Simply's collection of its share of CFA's receivables. According to the terms of the Agreement,
CFA was required to remit 13.84% of their receivables to Simply until the Purchased Amount was
fully delivered to Simply. Since February 7, 2024, CFA did not remit any funds to Simply despite
the fact that CFA was continuing to generate and collect receivables.
15. On February 7, 2024, CFA intentionally blocked the payments that Simply was
authorized under the Agreement by instructing its bank to reject and/or block Simply's ACH
transactions from the Designated Account. This was explicitly prohibited according to the
Agreement, and as described above, the amount obligated to be paid under the Agreement was
increased as a result of the Default Fee.
16. The foregoing actions by the Defendants constituted a breach of the Agreement and
Guaranty.
5 of 9
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
17. Since the breach of the Agreement, Simply demanded that Defendants cure said
default.
18. Since February 7, 2024, the Defendants failed to cure their default and have refused
to perform.
19. There remains a balance owed to Simply pursuant to the Agreement in the amount
of $13,222.90.
20. By reason of the foregoing, Defendants are liable to Simply on the Agreement and
the Guarantee for the payment of money as follows: as of February 29, 2024, the amount of
attorneys'
$13,222.90 plus interest, costs, and fees incurred in the prosecution of this action.
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract)
21. The Plaintiff repeats and realleges each and every allegation contained in
paragraphs 1 through 20 as though fully set forth at lengthherein.
22. The Agreement was a valid and enforceable contract between Plaintiff and the
Defendants.
23. The Plaintiffhas fully complied with and fully performed all ofits obligations under
the Agreement.
24. As set forth above, Corporate Defendant has breached the Agreement by, inter alia,
refusing to remit to Simply 13.84% of its collected receivables while still conducting business
operations.
25. By virtue of the foregoing, the Corporate Defendant is liable to Plaintiff as of
attorneys'
February 29, 2024, the amount of $13,222.90, plus interest, costs, and fees incurred in
the prosecution of this action.
6 of 9
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
AS AND FOR A SECOND CAUSE OF ACTION
(Breach of Performance Guaranty)
26. The Plaintiff repeats and realleges each and every allegation contained in
paragraphs 1 through 25 as though fully set forth at length herein.
27. Pursuant to the Performance Guaranty included in the Agreement, the Guarantor
personally guaranteed that the Corporate Defendant would perform its obligations thereunder, and
that Guarantors would be personally liable for any loss suffered by Plaintiff as a result of the
Defendants'
Corporate failure to abide by their obligations under the contract.
28. The Corporate Defendant breached the Agreement and has defaulted thereunder.
29. The Guarantor has failed to perform their obligations under the Guaranty.
Defendants'
30. The Guarantor has not cured the breach and have not paid Plaintiff for
its loss.
31. By virtue of the foregoing, the Guarantor is liable to Plaintiff as of February 29,
attorneys'
2024, for the amount of $13,222.90, plus interest, costs, and fees incurred in the
prosecution of this action.
AS AND FOR A THIRD CAUSE OF ACTION
(Attorneys'
Fees and Costs)
32. The Plaintiff repeats and realleges each and every allegation contained in
paragraphs 1 through 31 as though fully set forth at length herein.
33. Pursuant to the Agreement, Defendants agreed to reimburse the Plaintiff for all
Defendants'
costs associated with breach of the Agreement, and the Plaintiff's enforcement of the
attomeys'
Agreement, including court costs and fees.
attorneys'
34. Plaintiff has incurred and will continue to incur court costs and fees in
Defendants'
the within action, which seeks to enforce obligations pursuant to the Agreement.
attorneys'
35. By virtue of the foregoing, Plaintiff is entitled to an award of the fees
and costs incurred in this action, in an amount to be determined by this court.
7 of 9
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, on
the first, and second causes of action in the sum of $13,222.90 with interest from February 29,
2024, and on the third cause of action for an award of the costs and attorney's fees incurred in this
action, in an amount to be determined by this Court.
Dated: Nassau, New York
February 29, 2024
By: /s/Chaim D. Berger
Chaim D. Berger, Esq.
Berger Law Firm LLC
333 Pearsall Ave, Suite 210
Cedarhurst, NY 11516
(646) 661-4431
Attorney for Plaint ff Simply Funding, LLC
Mail To:
Simply Funding, LLC
300 N Main St, STE 107
Spring Valley, NY 10977
(646) 661-3818
8 of 9
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024
VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
Jacob Kleinberger, being duly swore, deposes, and says as follows:
1. I am Manager of Plaintiff Simply Funding, LLC.
2. I have read the foregoing Summons and Verified Complaint and the same is true to
my own knowledge, exceptthose matters stated to be upon information and belief, and as to those
matters, I believe them to be true. The source of my belief is my review of the pertinent documents
and information in possession of Simply Funding, LLC and/or publicly available.
J ob Kleinberger
Affirmed to before me this
ay of Gru 2024
91133rrs
ER
..--
/ STATE
OF NEW YORK ¦ Ý.
fTARY PUBLIC
9 of 9
Preview
FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ------------------------------------------------------------------------X SIMPLY FUNDING, LLC, SUMMONS Plaintiff, -against- Index No. Date Filed: CEAZOR FENCE INC, DBA CEAZOR . FENCE; ASEM GLOBAL 1 LLC; and s pu s an o the EVELYN NAVA, aka EVELYN MERCADO Agreement entered into NAVA, aka EVELYN ALHAMDOUN, between the parties. Defendants. Plaintiff's Address: ------------------------------------------------------------------------X 1170 Rt 17M, Suite #2 Chester, NY 10918 TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorneys within twenty days after the service of this summons, exclusive of the day of service where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. 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: Nassau, New York February 29, 2024 By: /s/Chaim D. Berger Chaim D. Berger, Esq. Berger Law Firm LLC 333 Pearsall Ave, Suite 210 Cedarhurst, NY 11516 (646) 661-4431 Attorney for Plaintiff Simply Funding, LLC Mail To: Simply Funding, LLC 300 N Main St, STE 107 Spring Valley, NY 10977 (646) 661-3818 Filed in Orange County 02/29/2024 04:58:18 PM $0.00 1 of Bk: 5156 9 Pg: 1522 Index: # EF001719-2024 Clerk: EBR FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 Defendants' to be served: Ceazor Fence Inc, Evelyn Nava, aka Evelyn Mercado Nava, DBA Ceazor Fence aka Evelyn Alhamdoun 8800 S Harlem Ave, TRLR #2126 8800 S Harlem Ave, TRLR #2126 Bridgeview IL 60455 Bridgeview IL 60455 Asem Global 1 LLC 8800 S Harlem Ave, TRLR #2126 Bridgeview IL 60455 2 of 9 FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ------------------------------------------------------------------------X SIMPLY FUNDING, LLC, VERIFIED COMPLAINT Plaintiff, Index No. -against- CEAZOR FENCE INC, DBA CEAZOR FENCE; ASEM GLOBAL 1 LLC; and EVELYN NAVA, aka EVELYN MERCADO NAVA, aka EVELYN ALHAMDOUN, Defendants. ------------------------------------------------------------------------X "Simply" Plaintiff Simply Funding, LLC (hereinafter, or "Plaintiff'), by and through its attorney, Chaim D. Berger, as and for its Verified Complaint, alleges as follows: PARTIES AND VENUE 1. Plaintiff is a limited liability company organized in the State of New York with its principal place of business located at 1170 Rt 17M, Suite #2, Chester, NY 10918. 2. Ceazor Fence Inc, DBA Ceazor Fence ("CFI") is a corporation organized in the state of Illinois and has its principal place of business located at 8800 S Harlem Ave, TRLR #2126, ("ASLLC" "CFA" Bridgeview IL 60455. Asem Global 1 LLC and together with CFI, or "Corporate Defendant") is a limited liability company organized in the state of Illinois and has its principal place of business located at 8800 S Harlem Ave, TRLR #2126, Bridgeview IL 60455. ("Nava" 3. Evelyn Nava, aka Evelyn Mercado Nava, aka Evelyn Alhamdoun or "Guarantor" and collectively with the Corporate Defendant, "Defendants") is an individual residing at 8800 S Harlem Ave, TRLR #2126, Bridgeview IL 60455, and is the owner of CFA. 4. This Court has jurisdiction over Defendants because they consented to jurisdiction pursuant to the Agreement referenced below. 3 of 9 FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 5. Venue is proper in Orange County pursuant to the Agreement entered into between the parties. NATURE OF THE ACTION Defendants' 6. Plaintiff brings this action against the Defendants for the breach of a contract between the parties. The parties entered into a contract whereby Plaintiff purchased a specified sum of the receivables owned by Corporate Defendant. Performance of the contract by the Corporate Defendant was personally guaranteed by the Guarantors. Defendants failed to comply with the terms of the Contract and thereby defaulted thereunder. The instant action is brought to attorneys' recover the sums due and owing to Simply, as well as the costs and fees incurred by the prosecution of this action. RELEVANT FACTS 7. On October 25, 2023, Simply entered a Receivables Purchase Agreement (the "Agreement") with Defendants whereby Simply agreed to buy thirteen point eighty-four percent (13.84%) (the "Purchased Percentage") of CFA's future receivables until Simply received the sum of $16,680.00 (the "Purchased Amount"), in exchange for an immediate lump-sum cash payment of $12,000.00 (the "Purchase Price") from Simply to CFA. A copy of the Agreement is attached hereto as Exhibit A. 8. In coordination and as a material condition of the Agreement, Guarantors executed a Guaranty of Performance (the "Guaranty") whereby Guarantors personally and unconditionally guaranteed the performance by CFA of its obligations under the Agreement. 9. On or around October 25, 2023, Simply paid to CFA the Purchase Price less an agreed upon origination fee of $480.00. 4 of 9 FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 10. Pursuant to the Agreement, Defendants agreed to have one bank account (the "Designated Account") approved by Simply from which Defendants authorized Simply to debit its Purchased Percentage 13.84% of the daily receivables via ACH transactions. 11. Pursuant to Attachment A of the Agreement (the "Processing Cost Schedule"), in the event that CFA changed bank accounts, intentionally diverted its receivables to another account, directed its bank to reject, or otherwise block any of the Simply ACH transactions, or commits another default pursuant to the Agreement, Defendants would be charged a fee of $2,500.00 (the "Default Fee"). 12. Between November 1, 2023, and January 31, 2024, the Defendants partially performed under the Agreement by making payments totaling $5,957.10 to Simply. 13. On or about February 7, 2024, Defendants refused to continue performing under the Agreement while still conducting business operations. 14. On or about February 7, 2024, Defendants began interfering with and preventing Simply's collection of its share of CFA's receivables. According to the terms of the Agreement, CFA was required to remit 13.84% of their receivables to Simply until the Purchased Amount was fully delivered to Simply. Since February 7, 2024, CFA did not remit any funds to Simply despite the fact that CFA was continuing to generate and collect receivables. 15. On February 7, 2024, CFA intentionally blocked the payments that Simply was authorized under the Agreement by instructing its bank to reject and/or block Simply's ACH transactions from the Designated Account. This was explicitly prohibited according to the Agreement, and as described above, the amount obligated to be paid under the Agreement was increased as a result of the Default Fee. 16. The foregoing actions by the Defendants constituted a breach of the Agreement and Guaranty. 5 of 9 FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 17. Since the breach of the Agreement, Simply demanded that Defendants cure said default. 18. Since February 7, 2024, the Defendants failed to cure their default and have refused to perform. 19. There remains a balance owed to Simply pursuant to the Agreement in the amount of $13,222.90. 20. By reason of the foregoing, Defendants are liable to Simply on the Agreement and the Guarantee for the payment of money as follows: as of February 29, 2024, the amount of attorneys' $13,222.90 plus interest, costs, and fees incurred in the prosecution of this action. AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract) 21. The Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 20 as though fully set forth at lengthherein. 22. The Agreement was a valid and enforceable contract between Plaintiff and the Defendants. 23. The Plaintiffhas fully complied with and fully performed all ofits obligations under the Agreement. 24. As set forth above, Corporate Defendant has breached the Agreement by, inter alia, refusing to remit to Simply 13.84% of its collected receivables while still conducting business operations. 25. By virtue of the foregoing, the Corporate Defendant is liable to Plaintiff as of attorneys' February 29, 2024, the amount of $13,222.90, plus interest, costs, and fees incurred in the prosecution of this action. 6 of 9 FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 AS AND FOR A SECOND CAUSE OF ACTION (Breach of Performance Guaranty) 26. The Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 25 as though fully set forth at length herein. 27. Pursuant to the Performance Guaranty included in the Agreement, the Guarantor personally guaranteed that the Corporate Defendant would perform its obligations thereunder, and that Guarantors would be personally liable for any loss suffered by Plaintiff as a result of the Defendants' Corporate failure to abide by their obligations under the contract. 28. The Corporate Defendant breached the Agreement and has defaulted thereunder. 29. The Guarantor has failed to perform their obligations under the Guaranty. Defendants' 30. The Guarantor has not cured the breach and have not paid Plaintiff for its loss. 31. By virtue of the foregoing, the Guarantor is liable to Plaintiff as of February 29, attorneys' 2024, for the amount of $13,222.90, plus interest, costs, and fees incurred in the prosecution of this action. AS AND FOR A THIRD CAUSE OF ACTION (Attorneys' Fees and Costs) 32. The Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 31 as though fully set forth at length herein. 33. Pursuant to the Agreement, Defendants agreed to reimburse the Plaintiff for all Defendants' costs associated with breach of the Agreement, and the Plaintiff's enforcement of the attomeys' Agreement, including court costs and fees. attorneys' 34. Plaintiff has incurred and will continue to incur court costs and fees in Defendants' the within action, which seeks to enforce obligations pursuant to the Agreement. attorneys' 35. By virtue of the foregoing, Plaintiff is entitled to an award of the fees and costs incurred in this action, in an amount to be determined by this court. 7 of 9 FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, on the first, and second causes of action in the sum of $13,222.90 with interest from February 29, 2024, and on the third cause of action for an award of the costs and attorney's fees incurred in this action, in an amount to be determined by this Court. Dated: Nassau, New York February 29, 2024 By: /s/Chaim D. Berger Chaim D. Berger, Esq. Berger Law Firm LLC 333 Pearsall Ave, Suite 210 Cedarhurst, NY 11516 (646) 661-4431 Attorney for Plaint ff Simply Funding, LLC Mail To: Simply Funding, LLC 300 N Main St, STE 107 Spring Valley, NY 10977 (646) 661-3818 8 of 9 FILED: ORANGE COUNTY CLERK 02/29/2024 04:58 PM INDEX NO. EF001719-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/29/2024 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) Jacob Kleinberger, being duly swore, deposes, and says as follows: 1. I am Manager of Plaintiff Simply Funding, LLC. 2. I have read the foregoing Summons and Verified Complaint and the same is true to my own knowledge, exceptthose matters stated to be upon information and belief, and as to those matters, I believe them to be true. The source of my belief is my review of the pertinent documents and information in possession of Simply Funding, LLC and/or publicly available. J ob Kleinberger Affirmed to before me this ay of Gru 2024 91133rrs ER ..-- / STATE OF NEW YORK ¦ Ý. fTARY PUBLIC 9 of 9