Preview
FILED: MONROE COUNTY CLERK 03/25/2024 05:27 PM INDEX NO. E2024005197
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt #
Book Page
Return To: No. Pages: 7
ERICA REGINA GILERMAN
Instrument: COMPLAINT
Control #: Unrecorded #9740016
Index #: Unassigned-1598508
Date:
MNR CAPITAL GROUP LLC Time:
POLISHED BEAUTY INC
THOMAS JR, RICHARD EUGENE
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 03/25/2024 05:27 PM INDEX NO. E2024005197
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
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MNR CAPITAL GROUP LLC, Index No.
Plaintiff, VERIFIED COMPLAINT
-against-
POLISHED BEAUTY INC d/b/a POLISHED
BEAUTY LOUNGE and RICHARD EUGENE
THOMAS JR,
Defendants.
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Plaintiff, MNR CAPITAL GROUP LLC, by its attorney, Erica R. Gilerman, Esq. as and
for its complaint against Defendants(s) herein, alleges as follows:
1. Plaintiff MNR CAPITAL LLC (“Plaintiff”) is a New York limited liability
company engaged in the receivables financing business.
2. Upon information and belief, POLISHED BEAUTY INC d/b/a POLISHED
BEAUTY LOUNGE (“Defendant-Seller”) is a foreign corporation.
3. Defendant RICHARD EUGENE THOMAS JR (“Defendant Guarantor”) is an
individual residing in the State of California and upon information and belief is a
principal of Defendant-Seller.
4. Pursuant to a receivables purchase agreement and personal guaranty dated March
20, 2023 (collectively, the “Agreement”), Plaintiff purchased from Defendant-
Seller $29,980.00 (“Purchased Amount”) of each future account and payment
obligation owing to Defendant-Seller from its customers as they are generated in
the course of Defendant-Seller’s business (“Future Receivables”). A copy of the
Agreement is attached as Exhibit A.
5. The Agreement contains the parties’ express consent to the jurisdiction of the courts
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024
located in the State of New York.
6. Pursuant to the Agreement, Plaintiff was authorized to collect via an ACH
electronic debit of the Future Receivables, until such time that Plaintiff collected
the total Purchased Amount.
7. The Agreement contains Defendant-Seller’s express covenant not to revoke its
ACH authorization to Plaintiff or otherwise take any measure to interfere with
Plaintiff’s ability to collect the Future Receivables.
8. Contrary to Defendant-Seller’s express covenant set forth above, Defendant-Seller
materially breached the terms of the Agreement on January 11, 2024, by changing
the designated bank account without Plaintiff’s authorization, by placing a stop
payment on Plaintiff’s debits to the account or by otherwise taking measures to
interfere with Plaintiff’s ability to collect the Future Receivables. A copy of the
remittance history is attached as Exhibit B.
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract as to Defendant-Seller)
9. After a series of payments, on or about January 11, 2024, Defendant-Seller stopped
paying and went into default. Plaintiff has not received any cleared payments from
the Defendants since the default.
10. Plaintiff demanded repayment of money paid under the Agreement. Defendant has
failed and refused to pay the sums due under the Agreement.
11. The Agreement provides that Defendant-Seller shall be in default of the Agreement
if, inter alia, it breaches any covenants contained therein or makes any
representation or warranty providing to have been incorrect, false or misleading in
any material respect.
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024
12. As a result of Defendant-Seller’s breach of the provisions set forth above,
Defendant-Seller has defaulted under the Agreement.
13. Pursuant to the Agreement, in the event of Defendant-Seller’s default, Plaintiff may
declare the total amount of receivables purchased and not delivered as immediately
due and owing to Plaintiff, including costs and fees. Plaintiff now has a balance of
$20,867.30 in undelivered Future Receivables, along with a contractual default fee
of $2,500.00 (“Default Fee”). and a contractual insufficient funds fee totaling
$200.00 (“NSF Fee”).
14. Subtracting the amount of receivables Plaintiff has previously collected from
Defendant-Seller under the Agreement from the total Future Receivables purchased
by Plaintiff, there is presently due and owing from Defendant-Seller to Plaintiff the
amount of $23,567.30, with interest from January 11, 2024, plus its costs and
expenses of collection, including reasonable attorney’s fees.
15. Pursuant to the terms of the Agreement, the Defendant-Seller agreed to pay
Plaintiff’s reasonable attorney’s fees.
AS AND FOR A SECOND CAUSE OF ACTION
(Breach of Guaranty as to Defendant Guarantor)
16. Plaintiff repeats and re-alleges paragraphs 9 through 15 above, as though more fully
set forth herein at length.
17. The Agreement contains Defendant Guarantor’s separately executed and
unconditional guarantee of payment in the event of default under the Agreement by
Defendant-Seller (“Guaranty”).
18. Plaintiff made demand upon Defendant Guarantor to pay the outstanding balance
due under the Agreement, which Defendant Guarantor has failed and refused to do.
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024
19. As a result of Defendant-Seller’s breach and default under the Agreement as set
forth above and pursuant to the Guaranty, there is presently due and owing from
Defendant Guarantor to Plaintiff the amount of $23,567.30, with interest thereon
from January 11, 2024, plus its costs and expenses of collection, including
reasonable attorney’s fees.
WHEREFORE, Plaintiff demands judgment as follows:
1. On the first cause of action, against Defendant-Seller, in the sum of $23,567.30,
plus interest from January 11, 2024, plus Plaintiff’s costs, expenses of collection,
including reasonable attorney’s fees of $5,891.83, or any such other amount as the
court deems just.
2. On the second cause of action, against Defendant Guarantor, in the sum of
$23,567.30, plus interest from January 11, 2024, plus Plaintiff’s costs, expenses of
collection, including reasonable attorney’s fees of $5,891.83, or any such other
amount as the court deems just.
3. Plaintiff’s costs and expenses and such other and further relief as the court may
deem just and proper.
Dated: March 22, 2024
By: /s/ Erica R. Gilerman
Erica R. Gilerman, Esq.
515 Madison Ave, Suite #8108
New York, NY 10022
Phone: 786-436-9760
Email: erica@gilermanlaw.com
Attorneys for Plaintiff
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FILED: MONROE COUNTY CLERK 03/25/2024 05:27 PM INDEX NO. E2024005197
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
----------------------------------------------------------------------x
MNR CAPITAL GROUP LLC, Index No.
Plaintiff, VERIFICATION BY A
PARTY
-against-
POLISHED BEAUTY INC d/b/a POLISHED
BEAUTY LOUNGE and RICHARD EUGENE
THOMAS JR,
Defendants.
----------------------------------------------------------------------x
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
DAVID KANNER, being duly sworn, hereby deposes and states the following:
I am the AUTHORIZED REPRESENTATIVE of MNR CAPITAL GROUP LLC
in the within action. I have read the foregoing Verified Complaint and know the contents
thereof; the same is true to my own knowledge, except as to matters therein stated to be
alleged on information and belief, and as to those matters, I believe them to be true.
The foregoing statements are true under penalties of perjury.
Sworn to me this:
22day of March, 2024.
__
________________________
Darlene M Ruiz DAVID KANNER
__________________
Notary
** NOTARY CERTIFICATE ATTACHED ON LAST PAGE **
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024
State of Florida
County of Brevard
Sworn to (or affirmed) and subscribed before me by means of online notarization this 22nd
day of March 2024 by DAVID KANNER.
__________________________________________
Signature of Notary Public-State of Florida
Name of Notary: Darlene Ruiz
x
Personally Known _________ OR Produced Identification _________
Canada Passport
Type of Identification Produced: ________________________________
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Preview
FILED: MONROE COUNTY CLERK 03/25/2024 05:27 PM INDEX NO. E2024005197 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # Book Page Return To: No. Pages: 7 ERICA REGINA GILERMAN Instrument: COMPLAINT Control #: Unrecorded #9740016 Index #: Unassigned-1598508 Date: MNR CAPITAL GROUP LLC Time: POLISHED BEAUTY INC THOMAS JR, RICHARD EUGENE 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 7 FILED: MONROE COUNTY CLERK 03/25/2024 05:27 PM INDEX NO. E2024005197 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ----------------------------------------------------------------------x MNR CAPITAL GROUP LLC, Index No. Plaintiff, VERIFIED COMPLAINT -against- POLISHED BEAUTY INC d/b/a POLISHED BEAUTY LOUNGE and RICHARD EUGENE THOMAS JR, Defendants. ----------------------------------------------------------------------x Plaintiff, MNR CAPITAL GROUP LLC, by its attorney, Erica R. Gilerman, Esq. as and for its complaint against Defendants(s) herein, alleges as follows: 1. Plaintiff MNR CAPITAL LLC (“Plaintiff”) is a New York limited liability company engaged in the receivables financing business. 2. Upon information and belief, POLISHED BEAUTY INC d/b/a POLISHED BEAUTY LOUNGE (“Defendant-Seller”) is a foreign corporation. 3. Defendant RICHARD EUGENE THOMAS JR (“Defendant Guarantor”) is an individual residing in the State of California and upon information and belief is a principal of Defendant-Seller. 4. Pursuant to a receivables purchase agreement and personal guaranty dated March 20, 2023 (collectively, the “Agreement”), Plaintiff purchased from Defendant- Seller $29,980.00 (“Purchased Amount”) of each future account and payment obligation owing to Defendant-Seller from its customers as they are generated in the course of Defendant-Seller’s business (“Future Receivables”). A copy of the Agreement is attached as Exhibit A. 5. The Agreement contains the parties’ express consent to the jurisdiction of the courts 1 2 of 7 FILED: MONROE COUNTY CLERK 03/25/2024 05:27 PM INDEX NO. E2024005197 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 located in the State of New York. 6. Pursuant to the Agreement, Plaintiff was authorized to collect via an ACH electronic debit of the Future Receivables, until such time that Plaintiff collected the total Purchased Amount. 7. The Agreement contains Defendant-Seller’s express covenant not to revoke its ACH authorization to Plaintiff or otherwise take any measure to interfere with Plaintiff’s ability to collect the Future Receivables. 8. Contrary to Defendant-Seller’s express covenant set forth above, Defendant-Seller materially breached the terms of the Agreement on January 11, 2024, by changing the designated bank account without Plaintiff’s authorization, by placing a stop payment on Plaintiff’s debits to the account or by otherwise taking measures to interfere with Plaintiff’s ability to collect the Future Receivables. A copy of the remittance history is attached as Exhibit B. AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract as to Defendant-Seller) 9. After a series of payments, on or about January 11, 2024, Defendant-Seller stopped paying and went into default. Plaintiff has not received any cleared payments from the Defendants since the default. 10. Plaintiff demanded repayment of money paid under the Agreement. Defendant has failed and refused to pay the sums due under the Agreement. 11. The Agreement provides that Defendant-Seller shall be in default of the Agreement if, inter alia, it breaches any covenants contained therein or makes any representation or warranty providing to have been incorrect, false or misleading in any material respect. 2 3 of 7 FILED: MONROE COUNTY CLERK 03/25/2024 05:27 PM INDEX NO. E2024005197 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 12. As a result of Defendant-Seller’s breach of the provisions set forth above, Defendant-Seller has defaulted under the Agreement. 13. Pursuant to the Agreement, in the event of Defendant-Seller’s default, Plaintiff may declare the total amount of receivables purchased and not delivered as immediately due and owing to Plaintiff, including costs and fees. Plaintiff now has a balance of $20,867.30 in undelivered Future Receivables, along with a contractual default fee of $2,500.00 (“Default Fee”). and a contractual insufficient funds fee totaling $200.00 (“NSF Fee”). 14. Subtracting the amount of receivables Plaintiff has previously collected from Defendant-Seller under the Agreement from the total Future Receivables purchased by Plaintiff, there is presently due and owing from Defendant-Seller to Plaintiff the amount of $23,567.30, with interest from January 11, 2024, plus its costs and expenses of collection, including reasonable attorney’s fees. 15. Pursuant to the terms of the Agreement, the Defendant-Seller agreed to pay Plaintiff’s reasonable attorney’s fees. AS AND FOR A SECOND CAUSE OF ACTION (Breach of Guaranty as to Defendant Guarantor) 16. Plaintiff repeats and re-alleges paragraphs 9 through 15 above, as though more fully set forth herein at length. 17. The Agreement contains Defendant Guarantor’s separately executed and unconditional guarantee of payment in the event of default under the Agreement by Defendant-Seller (“Guaranty”). 18. Plaintiff made demand upon Defendant Guarantor to pay the outstanding balance due under the Agreement, which Defendant Guarantor has failed and refused to do. 3 4 of 7 FILED: MONROE COUNTY CLERK 03/25/2024 05:27 PM INDEX NO. E2024005197 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 19. As a result of Defendant-Seller’s breach and default under the Agreement as set forth above and pursuant to the Guaranty, there is presently due and owing from Defendant Guarantor to Plaintiff the amount of $23,567.30, with interest thereon from January 11, 2024, plus its costs and expenses of collection, including reasonable attorney’s fees. WHEREFORE, Plaintiff demands judgment as follows: 1. On the first cause of action, against Defendant-Seller, in the sum of $23,567.30, plus interest from January 11, 2024, plus Plaintiff’s costs, expenses of collection, including reasonable attorney’s fees of $5,891.83, or any such other amount as the court deems just. 2. On the second cause of action, against Defendant Guarantor, in the sum of $23,567.30, plus interest from January 11, 2024, plus Plaintiff’s costs, expenses of collection, including reasonable attorney’s fees of $5,891.83, or any such other amount as the court deems just. 3. Plaintiff’s costs and expenses and such other and further relief as the court may deem just and proper. Dated: March 22, 2024 By: /s/ Erica R. Gilerman Erica R. Gilerman, Esq. 515 Madison Ave, Suite #8108 New York, NY 10022 Phone: 786-436-9760 Email: erica@gilermanlaw.com Attorneys for Plaintiff 4 5 of 7 FILED: MONROE COUNTY CLERK 03/25/2024 05:27 PM INDEX NO. E2024005197 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ----------------------------------------------------------------------x MNR CAPITAL GROUP LLC, Index No. Plaintiff, VERIFICATION BY A PARTY -against- POLISHED BEAUTY INC d/b/a POLISHED BEAUTY LOUNGE and RICHARD EUGENE THOMAS JR, Defendants. ----------------------------------------------------------------------x STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) DAVID KANNER, being duly sworn, hereby deposes and states the following: I am the AUTHORIZED REPRESENTATIVE of MNR CAPITAL GROUP LLC in the within action. I have read the foregoing Verified Complaint and know the contents thereof; the same is true to my own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. The foregoing statements are true under penalties of perjury. Sworn to me this: 22day of March, 2024. __ ________________________ Darlene M Ruiz DAVID KANNER __________________ Notary ** NOTARY CERTIFICATE ATTACHED ON LAST PAGE ** 6 of 7 FILED: MONROE COUNTY CLERK 03/25/2024 05:27 PM INDEX NO. E2024005197 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 State of Florida County of Brevard Sworn to (or affirmed) and subscribed before me by means of online notarization this 22nd day of March 2024 by DAVID KANNER. __________________________________________ Signature of Notary Public-State of Florida Name of Notary: Darlene Ruiz x Personally Known _________ OR Produced Identification _________ Canada Passport Type of Identification Produced: ________________________________ 7 of 7