Preview
FILED: MONROE COUNTY CLERK 03/01/2024 04:53 PM INDEX NO. E2024003957
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt #
Book Page
Return To: No. Pages: 6
JASON ADAM GANG
Instrument: EFILING INDEX NUMBER
Control #: Unrecorded #9708256
Index #: Unassigned-1593984
Date:
App Funding Beta LLC Time:
JPMorgan Chase Bank N A
Sun4 Inc
Sun4
Gonzalez Soto, Rafael Angel
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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FILED: MONROE COUNTY CLERK 03/01/2024 04:53 PM INDEX NO. E2024003957
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
________________________________________________
APP FUNDING BETA LLC, |
| Index No.
Petitioner, |
| VERIFIED
-against- | PETITION
|
JPMORGAN CHASE BANK, N.A., |
SUN4 INC. D/B/A SUN4 and |
RAFAEL ANGEL GONZALEZ SOTO |
|
Respondents, |
________________________________________________|
TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF MONROE
Petitioner, APP FUNDING BETA LLC (“Petitioner”), by and through its counsel, The Law
Office of Jason A. Gang, PLLC, petitions the Court as follows:
PARTIES
1. Petitioner, APP FUNDING BETA LLC (hereinafter known as “Petitioner”) is a New York
corporation with a principal address at 180 Maiden Lane, 15th Floor, New York, NY 10038.
2. Respondent, JPMORGAN CHASE BANK, N.A. (“CHASE”) is a Delaware corporation with
a principal place of business at 383 Madison Ave, New York, NY 10017.
3. Respondent, SUN4 INC. D/B/A SUN4 (“Merchant”) is a Florida corporation with a principal
place of business at 2222 Ponce de Leon Boulevard, 3rd Floor, Coral Gables, FL 33134.
4. Respondent, RAFAEL ANGEL GONZALEZ SOTO (“Guarantor” and together with
Merchant, the “Judgment Debtors”) is the owner and principal of Merchant and resides at 2222
Ponce de Leon Boulevard, 3rd Floor, Coral Gables, FL 33134.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024
JURISDICTION AND VENUE
5. Venue and jurisdiction are proper pursuant to CPLR § 5221(a)(4) as this Court entered the
Judgment and retains jurisdiction for the purposes of enforcement thereof.
FACTUAL BACKGROUND
6. A Judgment was entered in the Supreme Court, County of Monroe, in favor of Petitioner
against the Judgment Debtors, jointly and severally, on February 9, 2024, in the sum of
$52,997.36 under Index No. E2023015588 (the “Judgment”). A copy of the Judgment is
attached as Exhibit A.
7. The full balance of the Judgment remains outstanding.
8. On December 6, 2023, Petitioner and Merchant entered into a Sale of Future Receipts
Agreement (the “Agreement”) pursuant to which Petitioner purchased 9% of Merchant’s total
future accounts receivable up to the sum of $43,770.00 in exchange for an upfront purchase
price of $30,000.00. A copy of the Agreement is attached as Exhibit B.
9. Pursuant to a Personal Guaranty of Performance (the “Guaranty” and together with the
Agreement, the “Agreements”), Guarantor guaranteed the Merchant’s obligations to Petitioner
pursuant to the Agreements. A copy of the Guaranty is included in Exhibit B.
10. Pursuant to the Agreements, the Judgment Debtors consented to jurisdiction in this Court.
11. The Judgment Debtors default under the Agreements on or about December 22, 2023, leaving
an outstanding balance of $41,466.31 on the purchased receivables.
12. The Agreements do not provide for any notices of default.
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13. In aid of the enforcement of Judgment, Petitioner served an Information Subpoena with
Restraining Notice and Notice of Exemption (the “IS/RN”) upon JPMORGAN CHASE
BANK, N.A. (“CHASE”). A copy of the IS/RN is attached as Exhibit C.
14. CHASE’s response to the IS/RN indicates that the Judgment Debtors maintain accounts with
CHASE with monies held in the amount of $9,328.69. A copy of CHASE’s response is
attached as Exhibit D.
15. Petitioner now requests a turnover of the Judgment Debtors’ assets located at CHASE.
ARGUMENT
AS A JUDGMENT CREDITOR, PETITIONER IS ENTITLED TO A TURNOVER
ORDER PURSUANT TO CPLR 5225(b) and/or 5227
16. Petitioner repeats each and every allegation above as if set forth fully herein.
17. Pursuant to CPLR § 5225(b) a judgment creditor may commence a special proceeding against
“a person in possession or custody of money… in which the judgment debtor has an
interest…where it is shown that the judgment debtor is entitled to possession of such
property…”
18. CPLR § 5227 provides that “[u]pon a special proceeding commenced by the judgment creditor,
against any person who it is shown is or will become indebted to the judgment debtor, the court
may require such person to pay to the judgment creditor the debt upon maturity, or so much of
it as is sufficient to satisfy the judgment, and to execute and deliver any document necessary
to effect payment; or it may direct that a judgment be entered against such person in favor of
the judgment creditor.
19. CHASE has actual possession of the funds maintained in the accounts titled to the Judgment
Debtors at CHASE. See Exhibit D.
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20. As a depository institution in possession of funds in deposit account(s) titled to the Judgment
Debtors, CHASE is also indebted to the Judgment Debtors.
21. Petitioner is entitled to possession of the monies and assets of the Judgment Debtors pursuant
to the Judgment. See Exhibit A.
22. The Judgment remains wholly unpaid.
23. CHASE is a garnishee under Article 52 of the CPLR and, as such, Petitioner is entitled to an
Order, pursuant to CPLR §§ 5225(b) and/or 5227, directing turnover of sufficient funds to
satisfy the unpaid balance of the Judgment plus interest, or such lesser amount as may be held
by the garnishee.
24. No prior application has been made for the relief sought herein.
WHEREFORE, Petitioner respectfully requests that the Court grant an Order, pursuant to
CPLR §§ 5225(b) and/or 5227, directing JPMORGAN CHASE BANK, N.A. to turnover all
monies and/or property held by JPMORGAN CHASE BANK, N.A. in which either of the
Judgment Debtors have an interest up to the sum of $52,997.36, plus interest at 9% per annum
from February 9, 2024, and for such other and further relief as the Court deems just and proper.
Dated: February 29, 2024
Hewlett, New York
______________________________
JASON A. GANG, ESQ.
The Law Office of Jason A. Gang
1245 Hewlett Plaza, #478
Hewlett, New York11557
(646) 389-5610
Attorney for Petitioner
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NASSAU )
JASON GANG, ESQ., being duly sworn states that he is the attorney for the Petitioner,
APP FUNDING BETA LLC in this action and that the foregoing is true to his knowledge, except
as to matters therein stated on information and belief and as to those matters he believes to be true;
that the grounds of his belief and as to those matters not stated upon his knowledge are
correspondence and other writings furnished to him by Petitioner; and that the reason why the
verification is not made by Petitioner is that Petitioner does not have an office in the county where
he has an office.
______________________________
JASON GANG, ESQ.
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Preview
FILED: MONROE COUNTY CLERK 03/01/2024 04:53 PM INDEX NO. E2024003957 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # Book Page Return To: No. Pages: 6 JASON ADAM GANG Instrument: EFILING INDEX NUMBER Control #: Unrecorded #9708256 Index #: Unassigned-1593984 Date: App Funding Beta LLC Time: JPMorgan Chase Bank N A Sun4 Inc Sun4 Gonzalez Soto, Rafael Angel Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 6 FILED: MONROE COUNTY CLERK 03/01/2024 04:53 PM INDEX NO. E2024003957 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ________________________________________________ APP FUNDING BETA LLC, | | Index No. Petitioner, | | VERIFIED -against- | PETITION | JPMORGAN CHASE BANK, N.A., | SUN4 INC. D/B/A SUN4 and | RAFAEL ANGEL GONZALEZ SOTO | | Respondents, | ________________________________________________| TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF MONROE Petitioner, APP FUNDING BETA LLC (“Petitioner”), by and through its counsel, The Law Office of Jason A. Gang, PLLC, petitions the Court as follows: PARTIES 1. Petitioner, APP FUNDING BETA LLC (hereinafter known as “Petitioner”) is a New York corporation with a principal address at 180 Maiden Lane, 15th Floor, New York, NY 10038. 2. Respondent, JPMORGAN CHASE BANK, N.A. (“CHASE”) is a Delaware corporation with a principal place of business at 383 Madison Ave, New York, NY 10017. 3. Respondent, SUN4 INC. D/B/A SUN4 (“Merchant”) is a Florida corporation with a principal place of business at 2222 Ponce de Leon Boulevard, 3rd Floor, Coral Gables, FL 33134. 4. Respondent, RAFAEL ANGEL GONZALEZ SOTO (“Guarantor” and together with Merchant, the “Judgment Debtors”) is the owner and principal of Merchant and resides at 2222 Ponce de Leon Boulevard, 3rd Floor, Coral Gables, FL 33134. 2 of 6 FILED: MONROE COUNTY CLERK 03/01/2024 04:53 PM INDEX NO. E2024003957 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 JURISDICTION AND VENUE 5. Venue and jurisdiction are proper pursuant to CPLR § 5221(a)(4) as this Court entered the Judgment and retains jurisdiction for the purposes of enforcement thereof. FACTUAL BACKGROUND 6. A Judgment was entered in the Supreme Court, County of Monroe, in favor of Petitioner against the Judgment Debtors, jointly and severally, on February 9, 2024, in the sum of $52,997.36 under Index No. E2023015588 (the “Judgment”). A copy of the Judgment is attached as Exhibit A. 7. The full balance of the Judgment remains outstanding. 8. On December 6, 2023, Petitioner and Merchant entered into a Sale of Future Receipts Agreement (the “Agreement”) pursuant to which Petitioner purchased 9% of Merchant’s total future accounts receivable up to the sum of $43,770.00 in exchange for an upfront purchase price of $30,000.00. A copy of the Agreement is attached as Exhibit B. 9. Pursuant to a Personal Guaranty of Performance (the “Guaranty” and together with the Agreement, the “Agreements”), Guarantor guaranteed the Merchant’s obligations to Petitioner pursuant to the Agreements. A copy of the Guaranty is included in Exhibit B. 10. Pursuant to the Agreements, the Judgment Debtors consented to jurisdiction in this Court. 11. The Judgment Debtors default under the Agreements on or about December 22, 2023, leaving an outstanding balance of $41,466.31 on the purchased receivables. 12. The Agreements do not provide for any notices of default. 3 of 6 FILED: MONROE COUNTY CLERK 03/01/2024 04:53 PM INDEX NO. E2024003957 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 13. In aid of the enforcement of Judgment, Petitioner served an Information Subpoena with Restraining Notice and Notice of Exemption (the “IS/RN”) upon JPMORGAN CHASE BANK, N.A. (“CHASE”). A copy of the IS/RN is attached as Exhibit C. 14. CHASE’s response to the IS/RN indicates that the Judgment Debtors maintain accounts with CHASE with monies held in the amount of $9,328.69. A copy of CHASE’s response is attached as Exhibit D. 15. Petitioner now requests a turnover of the Judgment Debtors’ assets located at CHASE. ARGUMENT AS A JUDGMENT CREDITOR, PETITIONER IS ENTITLED TO A TURNOVER ORDER PURSUANT TO CPLR 5225(b) and/or 5227 16. Petitioner repeats each and every allegation above as if set forth fully herein. 17. Pursuant to CPLR § 5225(b) a judgment creditor may commence a special proceeding against “a person in possession or custody of money… in which the judgment debtor has an interest…where it is shown that the judgment debtor is entitled to possession of such property…” 18. CPLR § 5227 provides that “[u]pon a special proceeding commenced by the judgment creditor, against any person who it is shown is or will become indebted to the judgment debtor, the court may require such person to pay to the judgment creditor the debt upon maturity, or so much of it as is sufficient to satisfy the judgment, and to execute and deliver any document necessary to effect payment; or it may direct that a judgment be entered against such person in favor of the judgment creditor. 19. CHASE has actual possession of the funds maintained in the accounts titled to the Judgment Debtors at CHASE. See Exhibit D. 4 of 6 FILED: MONROE COUNTY CLERK 03/01/2024 04:53 PM INDEX NO. E2024003957 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 20. As a depository institution in possession of funds in deposit account(s) titled to the Judgment Debtors, CHASE is also indebted to the Judgment Debtors. 21. Petitioner is entitled to possession of the monies and assets of the Judgment Debtors pursuant to the Judgment. See Exhibit A. 22. The Judgment remains wholly unpaid. 23. CHASE is a garnishee under Article 52 of the CPLR and, as such, Petitioner is entitled to an Order, pursuant to CPLR §§ 5225(b) and/or 5227, directing turnover of sufficient funds to satisfy the unpaid balance of the Judgment plus interest, or such lesser amount as may be held by the garnishee. 24. No prior application has been made for the relief sought herein. WHEREFORE, Petitioner respectfully requests that the Court grant an Order, pursuant to CPLR §§ 5225(b) and/or 5227, directing JPMORGAN CHASE BANK, N.A. to turnover all monies and/or property held by JPMORGAN CHASE BANK, N.A. in which either of the Judgment Debtors have an interest up to the sum of $52,997.36, plus interest at 9% per annum from February 9, 2024, and for such other and further relief as the Court deems just and proper. Dated: February 29, 2024 Hewlett, New York ______________________________ JASON A. GANG, ESQ. The Law Office of Jason A. Gang 1245 Hewlett Plaza, #478 Hewlett, New York11557 (646) 389-5610 Attorney for Petitioner 5 of 6 FILED: MONROE COUNTY CLERK 03/01/2024 04:53 PM INDEX NO. E2024003957 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2024 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NASSAU ) JASON GANG, ESQ., being duly sworn states that he is the attorney for the Petitioner, APP FUNDING BETA LLC in this action and that the foregoing is true to his knowledge, except as to matters therein stated on information and belief and as to those matters he believes to be true; that the grounds of his belief and as to those matters not stated upon his knowledge are correspondence and other writings furnished to him by Petitioner; and that the reason why the verification is not made by Petitioner is that Petitioner does not have an office in the county where he has an office. ______________________________ JASON GANG, ESQ. 6 of 6